Bill Text: IA SF2175 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to partition of property in kind and partition of property by sale. (Formerly SSB 3065.) Effective 7-1-18.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2018-04-11 - Signed by Governor. S.J. 918. [SF2175 Detail]

Download: Iowa-2017-SF2175-Enrolled.html

Senate File 2175 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  3065)
 \5
                                   A BILL FOR
 \1
                                       Senate File 2175

                             AN ACT
 RELATING TO PARTITION OF PROPERTY IN KIND AND PARTITION
    OF PROPERTY BY SALE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                          SUBCHAPTER I
                           DEFINITIONS
    Section 1.  NEW SECTION.  651.1  Definitions.
    As used in this chapter, unless the context otherwise
 requires:
    1.  "Ascendant" means an individual who precedes another
 individual in lineage in the direct line of ascent from the
 other individual.
    2.  "Collateral" means an individual who is related to
 another individual under the law of intestate succession of
 this state but who is not the other individual's ascendant or
 descendant.
    3.  "Cotenant" means a person holding title to real property
 under tenancy in common ownership.
    4.  "Descendant" means an individual who follows another
 individual in lineage in the direct line of descent from the
 other individual.
    5.  "Heirs property" means real property held in tenancy in
 common that satisfies all of the following requirements as of
 the date of the filing of a partition action:
    a.  There is not a recorded agreement that binds all of the
 cotenants that governs the partition of the property.
    b.  One or more of the cotenants acquired title from a living
 or deceased relative.
    c.  Any of the following apply:
    (1)  Twenty percent or more of the interests are held by
 cotenants who are relatives.
    (2)  Twenty percent or more of the interests are held by
 an individual who acquired title from a living or deceased
 relative.
    (3)  Twenty percent or more of the cotenants are relatives.
    6.  "Owelty" means an equitable remedy in a partition action
 used to equalize the value of the property a party receives
 through the payment of a sum of money from a recipient of
 a higher value property to the recipient of a lower value
 property.
    7.  "Partition by sale" means a court=ordered sale of
 property subject to partition.
    8.  "Partition in kind" means a court=ordered division of
 property subject to partition into physically distinct and
 separately titled parcels.
    9.  "Record" means information that is inscribed on a
 tangible medium or that is stored in an electronic or other
 medium and is retrievable in perceivable form.
    10.  "Relative" means an ascendant, descendant, or collateral
 or an individual otherwise related to another individual by
 blood, marriage, adoption, or other law of this state.
                          SUBCHAPTER II
                       GENERAL PROVISIONS
    Sec. 2.  NEW SECTION.  651.2  Action for partition of
 property.
    Property shall be partitioned by equitable proceedings. A
 property subject to partition shall be partitioned by sale
 and the proceeds from the sale divided by the owners of the
 property unless one or more of the property owners files
 a request for partition in kind and the court determines
 partition in kind is equitable and practicable.
    Sec. 3.  NEW SECTION.  651.3  Partition of real estate pending
 probate or administration of an estate.
    If an entire interest in real estate is owned by a decedent
 on whose estate administration or probate is pending a
 partition action shall not be brought until four months after
 the second publication of the notice of the appointment of
 the personal representative. A partition action shall not be
 brought at any time while an application for authority to sell
 such real estate is pending in a probate proceeding.
    Sec. 4.  NEW SECTION.  651.4  Petition for partition of
 property.
    A petition for partition of property shall describe the
 property and the plaintiff's interest in the property. The
 petition shall name all indispensable parties pursuant to
 section 651.5 and state the nature and extent of each interest
 or lien as far as each interest or lien is known by the
 plaintiff.
    Sec. 5.  NEW SECTION.  651.5  Parties to a petition for
 partition of property.
    1.  A petition for partition of property shall include as
 parties all persons indispensable to the partition including
 an owner of an undivided interest and a holder of a lien on all
 or part of the property.
    2.  A petition for partition of property may include as
 parties a person having an actual, apparent, claimed, or
 contingent interest in the property.
    3.  The court shall have jurisdiction over an unborn person's
 contingent or prospective vested interest as a cotenant of real
 property in a partition proceeding. The court shall appoint
 a guardian ad litem for such unborn person pursuant to the
 rules of civil procedures. The partition in kind or partition
 by sale of the real property pursuant to a court decree shall
 have the same force and effect as to all such unborn persons,
 or persons claiming by, through, or under the unborn person,
 as though the unborn person were in being when the decree
 was entered and the real property or proceeds of the unborn
 person's interest shall be subject to the order of the court
 until the right fully vests.
    Sec. 6.  NEW SECTION.  651.6  The answer to a partition
 petition.
    A defendant's answer to a partition petition shall state the
 amount and nature of the defendant's interest. A defendant may
 deny the interest of a plaintiff and by supplemental pleading,
 if necessary, may deny the interest of any other defendant.
    Sec. 7.  NEW SECTION.  651.7  Joinder and counterclaim.
    A party may perfect or quiet title to property that is
 subject to a partition petition or request adjudication of a
 right of a party as to any matter originating from or connected
 to the property, including a lien between any parties. Except
 as permitted by this section, a joinder of any other claim to a
 partition petition shall not be permitted. A counterclaim to a
 partition petition shall not be permitted.
    Sec. 8.  NEW SECTION.  651.8  Partition of personal property
 subject to a lien.
    Personal property that is subject to a lien on the whole or
 any part of the property shall only be partitioned by sale.
    Sec. 9.  NEW SECTION.  651.9  Partition of real and personal
 property in the same action.
    Real and personal property owned by the same person may be
 partitioned in the same action. A referee appointed by the
 court may act as to both the real and the personal property.
    Sec. 10.  NEW SECTION.  651.10  Jurisdiction of property
 partitioned in kind or of proceeds from a partition by sale.
    Property that has been partitioned in kind or the proceeds
 from a property that has been partitioned by sale shall be
 subject to the order of the court until the disposition of the
 rights in the property become fully vested.
    Sec. 11.  NEW SECTION.  651.11  Property partitioned by sale
 and partitioned in kind in the same action.
    If all parts of a property cannot be partitioned in kind,
 parts of the property may be partitioned in kind and other
 parts of the property may be partitioned by sale as provided in
 this chapter.
    Sec. 12.  NEW SECTION.  651.12  Initial court decree and
 appointment of referee.
    The court shall file an initial decree establishing the
 shares and interests of all owners in a property subject to
 a partition petition. One referee shall be appointed in the
 decree unless all owners of the property agree upon a larger
 number of referees. The decree shall order an appraisal or
 estimation of the valuation of the property and may direct
 either a public or private sale of the property. Unless all
 owners of the property agree to an alternative method for
 conducting the appraisal or of estimating the valuation of
 the property, the decree shall appoint three disinterested
 persons with knowledge of property valuation to appraise the
 property. The decree shall direct the referee to file a report
 with the court setting forth the referee's recommendations for
 completing the partition of the property. All other contested
 issues related to the partition petition, including liens, may
 be determined by the initial decree or by a supplemental decree
 or decrees.
    Sec. 13.  NEW SECTION.  651.13  Abstract, plats, and surveys.
    The court may order the filing of a complete abstract
 covering real property involved in a partition action. The
 court may order a party to the partition action to produce any
 abstract in the party's possession or control. The court may
 order a plaintiff to obtain an abstract if a complete abstract
 is unavailable. The expense for such abstract shall be taxed
 as costs. The abstract shall be available to the court or any
 party to the partition action during the partition proceedings.
 The court may also order a plaintiff to obtain a plat or survey
 and the expense for such shall be taxed as costs.
    Sec. 14.  NEW SECTION.  651.14  Adjudication of liens on a
 property subject to partition.
    The court shall decide the nature, extent, priority, or
 validity of a party's lien not previously determined and any
 other issues as the court directs. The referee appointed by
 the court shall provide notice of the court hearing to decide
 such matters to the interested parties. Adjudication of liens
 shall precede a partition in kind. A partition by sale and
 the distribution of proceeds from such sale to any party not
 affected by a lien may proceed prior to  adjudication of liens
 on the property.
    Sec. 15.  NEW SECTION.  651.15  Referee possession of property
 and court preservation of property.
    The court may order a referee to lease or to take possession
 of a property subject to partition. The court may issue an
 injunction to preserve a property subject to partition or issue
 an order providing for the care and custody of such  property.
 Any expenses incurred under this section as allowed by the
 court shall be taxed as costs.
    Sec. 16.  NEW SECTION.  651.16  The procedure for partition
 in kind.
    1.  A court=appointed referee authorized to partition a
 property in kind shall qualify by taking an oath. A bond shall
 not be required.
    2.  The referee shall designate each proposed parcel of the
 partitioned property by visible monuments. If allowed by the
 court, the referee may employ a surveyor or assistants to aid
 the referee and the expenses for such shall be taxed as costs.
    3.  For good reasons shown the court may order a referee
 making a partition in kind to allot a particular parcel or a
 particular article of personal property to a specific party.
    4.  The referee shall file a report with the court that
 details the referee's proposed division of the property
 subject to partition in kind. The report shall describe with
 reasonable particularity the respective shares and the specific
 property allotted to each property owner. If real property
 is part of the partition, a plat shall be filed with the
 report. The referee may recommend owelty payments as part of
 the referee's recommendation for the partition in kind. The
 court shall promptly set a time and place for a hearing on
 the referee's report. The referee shall give notice of such
 hearing to all interested parties as ordered by the court.
    5.  After the hearing the court may approve, modify,
 or disapprove the referee's report, or order the property
 partitioned by sale. If the court approves partition in kind
 subject to owelty payments as recommended by the referee, the
 court shall order that the partition in kind shall not be
 completed until all owelty payments have been made. If all
 owelty payments are not made as ordered, the court shall make
 further orders as appropriate. On approving a partition in
 kind after all owelty payments have been made, the court shall
 file a decree that includes all of the following:
    a.  Describes the property partitioned in kind in its
 entirety.
    b.  Describes each partitioned parcel or article of personal
 property allotted to each property owner.
    c.  Enters judgment against each property owner for each
 property owner's apportioned costs. Such costs shall be a lien
 on each owner's respective allotted parcel or article and for
 which special execution may issue on demand of any interested
 person.
    6.  Upon completion of a partition in kind of real property
 pursuant to a court decree, the clerk of court shall file a
 certified copy of the decree with the county recorder and
 provide a copy to the county auditor of each county where any
 of the partitioned property is located. The county auditor
 shall record a transfer in the deed records and index each
 parcel as a conveyance with the name of the owner of each
 parcel as the grantee and the names of all other parties to
 the partition petition as grantors. The costs of making and
 recording the certified copy of the decree shall be taxed as
 costs in the case.
    Sec. 17.  NEW SECTION.  651.17  Referee's report to the court
 of inability to make a partition in kind.
    A referee shall file a report with the court if the referee
 is not able to make a partition in kind on a property subject to
 partition. Upon receipt of the report, the court shall take
 the following actions:
    1.  If the partition involves personal property, the court
 shall order a sale of the personal property without further
 notice.
    2.  If the partition involves real property, the court shall
 set a hearing as provided under section 651.16. After such
 hearing the court may order a sale or other disposition of the
 real property, as the court deems appropriate.
    Sec. 18.  NEW SECTION.  651.18  Procedure for partition by
 sale.
    1.  A referee appointed by the court to partition property
 by sale shall qualify by taking an oath. A bond shall not be
 required before the referee conveys real property unless the
 referee is required to do any of the following:
    a.  Sell personal property.
    b.  Take possession of real property.
    c.  Receive a payment on the sale before   conveyance of the
 real property.
    2.  Before conveying real property, the referee shall give
 bond in the amount of one hundred twenty=five percent of the
 total sale price of the real property, payable to the parties
 entitled to the proceeds from the sale, and conditioned on the
 faithful discharge of the referee's duties.
    3.  The referee shall file a report with the court that
 provides all of the following:
    a.  A recommendation for the appropriate public or   private
 sale process to offer the property for sale, including but not
 limited to a public auction or private listing.
    b.  A copy of any appraisal for the property to   be
 partitioned if required by the court.
    4.  The court shall promptly set a time and place for a
 hearing on the referee's report. The referee shall provide
 notice of the hearing to all interested parties.
    5.  After the hearing the court may approve, modify,   or
 disapprove the referee's report. If the court orders the
 property to be partitioned by sale, the referee shall offer the
 property for sale pursuant to the court order.
    6.  The referee shall give notice of the time and place  of a
 public sale of the property by two separate publications, at
 least six days apart, in a newspaper of general circulation in
 the county where the public sale of the property is to be held.
 The last publication shall be at least seven days prior to a
 public sale of real estate and at least four days prior to a
 public sale of personal property. If authorized by the court,
 the referee may advertise the sale beyond the required notice
 and may employ an auctioneer or assistant to assist the referee
 with the sale of the property. If allowed by the court, the
 expense of such shall be taxed as costs.
    7.  The referee shall report all proposed sales to the   court.
 The court shall promptly set a time and place for a hearing
 and the referee shall give notice to all interested parties.
 Notice of the hearing shall also be given to any party who
 files a request with the clerk of court, with the party's
 name and the address where notice is to be sent, before the
 referee's report is approved by the court. The clerk shall
 docket the request and transmit a copy to the referee.
    8.  After the hearing the court may approve or disapprove   the
 sale of the property. The court may expressly order a private
 sale of the property for less than the appraised value of the
 property.
    9.  Real property shall not be conveyed to a buyer until a
 partition by sale is approved by court order. Real property
 shall not be conveyed to a buyer until the sale price for   such
 property has been paid in full.
    10.  If the court disapproves the partition by sale of a
 property, all moneys paid or securities given shall be   returned
 to the persons entitled to such.
    11.  The court may require a party entitled to sale   proceeds
 from a property partitioned by sale to give satisfactory
 security to refund any proceeds received,   with interest, before
 such party receives proceeds   arising from the sale in the
 event the court later rules   such party is not entitled to the
 proceeds.
    Sec. 19.  NEW SECTION.  651.19  Validity of referee's deed.
    Upon court approval of a sale of property to be partitioned
 by sale, the referee shall file a referee's deed that shall be
 recorded in the county where the real estate is located. The
 recorded referee's deed shall be valid against all subsequent
 purchasers and against all persons who are parties to the
 partition by sale proceeding.
    Sec. 20.  NEW SECTION.  651.20  Partition by sale == liens
 on property.
    Personal property shall be partitioned by sale free of all
 liens. Real property shall be partitioned by sale free of all
 liens except liens held against the entire real property.
    Sec. 21.  NEW SECTION.  651.21  Proceeds of property
 partitioned by sale.
    1.  After a property has been partitioned by sale, a party,
 including a holder of a lien from which the property has been
 freed by the sale, shall have the same rights or interests in
 the proceeds as the party had in the property sold, subject to
 a prior charge for costs.
    2.  The court shall appoint a trustee, or order other
 suitable provisions, for the proceeds of a share held for life
 or years in the remainder. The ascertained share of any absent
 owner shall be retained, or the proceeds invested for the
 owner's benefit, under an order of the court.
    Sec. 22.  NEW SECTION.  651.22  Costs of a partition action.
    All costs related to a partition action shall be advanced by
 the plaintiff with such costs paid by all parties to the action
 proportionately to each party's respective interest. A cost
 created by a contest arising from the partition action shall be
 taxed against the losing contestant unless otherwise ordered
 by the court. If partition is in kind, costs shall be adjudged
 and may be collected as provided in section 651.16, subsection
 5. If partition is by sale, the costs shall be paid from the
 proceeds and deducted from the shares of the parties against
 whom the costs are taxed. Such remedies for collecting costs
 shall be cumulative of other remedies.
    Sec. 23.  NEW SECTION.  651.23  Plaintiff's attorney fees.
    1.  On partition of real property, but not of personal
 property, the court shall order a reasonable fee in favor of
 the plaintiff's attorney. The fee shall be taxed as costs.
    2.  If the plaintiff is the losing contestant in a contest
 arising from any partition action, any of the plaintiff's
 attorney fees relating to such contest shall not be taxed as
 costs.
    Sec. 24.  NEW SECTION.  651.24  Other fees taxed as costs.
    Appraisers, referees, and attorneys appointed by a referee
 with court approval shall receive reasonable compensation as
 approved by the court and such compensation shall be part of
 the costs.
    Sec. 25.  NEW SECTION.  651.25  Referee's final report.
    Unless waived in writing by all interested parties, the
 court shall fix a time and a place for a hearing on the
 referee's final report. The referee shall give notice of the
 hearing to all interested parties.
    Sec. 26.  NEW SECTION.  651.26  Payment of proceeds less than
 ten thousand dollars to a minor.
    If a minor for whom no conservator has been appointed is
 entitled to proceeds from a partition of property by sale in an
 amount not exceeding ten thousand dollars, the court may order
 the proceeds paid to the minor's parent, guardian, or an adult
 with whom the minor resides, for the use of the minor. After
 such person files a written receipt for the proceeds with the
 court, the referee shall be discharged of all liability for the
 proceeds.
                         SUBCHAPTER III
       SPECIAL PROVISIONS FOR PARTITION OF HEIRS PROPERTY
    Sec. 27.  NEW SECTION.  651.27  Applicability of special
 provisions of heirs property.
    If a cotenant requests a partition in kind in an action to
 partition heirs property, the partition action shall proceed
 under the special provisions for partition of heirs property
 under this subchapter. The provisions of this subchapter
 shall control in the event of a conflict with a provision of
 subchapter II.
    Sec. 28.  NEW SECTION.  651.28  Initial decree.
    1.  If the court determines that a property subject to a
 partition action is heirs property, and a cotenant requests
 a partition in kind of such property, the court shall file
 an initial decree pursuant to section 651.12 ordering the
 partition action to proceed under this subchapter. The court
 shall appoint a referee and direct the referee to obtain an
 appraisal as provided in section 651.12. The referee shall
 file the appraisal with the court.
    2.  Within ten calendar days after the referee files the
 appraisal with the court, the court shall send notice to the
 referee and to each party to the partition action. The notice
 shall provide all of the following information:
    a.  The appraised fair market value of the heirs property.
    b.  The address of the clerk's office where the appraisal is
 available for review.
    c.  Advise that a party may file an objection to the
 appraisal with the court no later than thirty calendar days
 after the date of notice by the court. An objection must state
 the grounds for the objection.
    3.  No sooner than thirty calendar days after the date of
 notice by the court and regardless of whether an objection to
 the appraisal is filed, the court shall conduct a hearing to
 determine the fair market value of the heirs property. The
 court shall set a time and place for the hearing and give
 notice to the referee and all parties to the partition action.
 At the hearing, in addition to the court=ordered appraisal, the
 court may consider any other evidence offered by the referee or
 by a party to the partition action.
    4.  After the hearing the court shall file an order that
 determines the fair market value of the heirs property and
 provide notice of the determination to the referee and all
 parties to the partition action.
    Sec. 29.  NEW SECTION.  651.29  Cotenant buyout.
    1.  If a cotenant requests partition by sale of the heirs
 property after receiving notice of the court's determination of
 the fair market value of the heirs property pursuant to section
 651.28, the court shall send notice to all parties advising of
 all of the following:
    a.  That a  cotenant, except a cotenant that   has requested
 partition by sale of the heirs property, may elect to buy all
 of the interests of a cotenant that has requested partition by
 sale of the heirs property.
    b.  That a cotenant, except a cotenant that has  requested
 partition by sale of the heirs property, shall give notice to
 the court no later than forty=five days after the date the
 court sends notice pursuant to section 651.28, subsection 4,
 of such cotenant's election to buy all of the interests of
 a cotenant that has requested partition by sale of the heirs
 property.
    2.  The sale price for the interest of a cotenant that has
 requested a partition by sale of the heirs property shall be
 the value of the entire heirs property as determined by the
 court under section 651.28, multiplied by such cotenant's
 fractional ownership of the entire heirs property.
    3.  If more than forty=five days have passed since   the date
 the court sent notice pursuant to section 651.28, subsection 4,
 all of the following shall apply:
    a.  If only one cotenant elects to buy all of the interests
 of a cotenant that has requested partition by sale of the
 heirs property, the court shall provide notice of such to all
 interested parties.
    b.  If more than one cotenant elects to buy all of the
 interests of a cotenant that has requested partition by sale
 of the heirs property, the court shall allocate the right
 to buy such interests among the electing cotenants based on
 each electing cotenant's existing fractional ownership of the
 entire heirs property divided by the total existing fractional
 ownership of all cotenants electing to buy such interests.
 The court shall send notice to all interested parties of
 the calculation used to determine the interest that can be
 purchased by each electing cotenant and the price to be paid
 for such interest by each electing cotenant.
    c.  If no cotenant elects to buy all of the interests of
 a cotenant that has requested partition by sale of the heirs
 property, the court shall send notice to all interested parties
 and resolve the partition action pursuant to section 651.30.
    4.  If the court sends notice to the parties pursuant to
 subsection 3, paragraph "a" or "b", the court shall set a date
 no sooner than sixty calendar days after the date that such
 notice is sent by which the electing cotenants shall pay their
 apportioned price to the court. The court shall give notice
 of such date to all interested parties. After such date has
 passed, all of the following shall apply:
    a.  If all electing cotenants have timely paid their
 apportioned price to the court, the court shall issue an order
 reallocating all of the interests of the cotenants in the
 partitioned heirs property and disburse the amounts held by the
 court to the persons entitled to such disbursements.
    b.  If none of the electing cotenants has timely paid their
 apportioned price to the court, the court shall resolve the
 heirs partition action under section 651.30 as if the interest
 of the cotenant that has requested partition by sale of the
 heirs property has not been purchased.
    c.  If one or more but not all of the electing cotenants
 fail to timely pay their apportioned price to the court, the
 court on motion shall give notice to the electing cotenants
 that have timely paid their apportioned price of the interest
 remaining and the price for which the remaining interest may
 be purchased.
    5.  Not later than twenty calendar days after the court
 gives notice pursuant to subsection 4, paragraph "c", a noticed
 cotenant may elect to purchase all of the remaining interest
 by paying the entire price for the remaining interest to the
 court. After the twenty=calendar=day period has expired, all
 of the following shall apply:
    a.  If only one cotenant has paid the entire price for the
 remaining interest in the partitioned heirs property, the
 court shall issue an order reallocating the remaining interest
 to that cotenant. The court shall promptly issue an order
 reallocating the interests of all the cotenants and disburse
 the amounts held by the court to the persons entitled to such
 disbursements.
    b.  If none of the cotenants has paid the entire price for
 the remaining interest in the heirs property, the court shall
 resolve the partition action under section 651.30 as if the
 interest of the cotenant that had requested partition by sale
 of the heirs property has not been purchased.
    c.  If more than one cotenant have paid the entire price
 for the remaining interest in the heirs property, the court
 shall reapportion the remaining interest among such cotenants
 based on each cotenant's original fractional ownership of the
 entire heirs property divided by the total original fractional
 ownership of all cotenants that paid the entire price for
 the remaining interest. The court shall promptly issue an
 order reallocating all cotenants' interests, disburse the
 amounts held by the court to the persons entitled to such
 disbursements, and promptly refund any excess payments held by
 the court to the appropriate persons.
    6.  Not later than forty=five days after the court sends
 notice to the parties pursuant to subsection 1, a cotenant
 entitled to buy an interest under this section may request that
 the court authorize the sale, as part of the pending action, of
 the interests of any cotenant named as a defendant and served
 with original notice who did not appear in the action. If the
 court receives a timely request, the court, after a hearing,
 may deny the request or authorize the requested additional sale
 on such terms as the court determines are fair and reasonable,
 subject to all of the following limitations:
    a.  A sale authorized under this subsection shall occur
 only after the purchase price for all interests subject to
 sale under this section has been paid to the court and such
 interests have been reallocated among the cotenants as provided
 in this section.
    b.  The purchase price for the interest of a nonappearing
 cotenant shall be based on the court's determination of the
 value of such interest under this section.
    7.  This section shall not be construed to prohibit a
 cotenant from entering into an agreement with another cotenant
 to change  ownership of their respective interests in the heirs
 property.
    Sec. 30.  NEW SECTION.  651.30  Alternatives to partition in
 kind.
    At the conclusion of a cotenant buyout as provided in
 section 651.29, the court shall order the heirs property to be
 partitioned in kind unless the court, after consideration of
 all factors pursuant to section 651.31, finds that partition
 in kind will result in great prejudice to the cotenants as a
 group. In considering whether to order the heirs property to
 be partitioned in kind, the court shall approve a request by
 two or more cotenants to aggregate their individual interests
 in the heirs property.
    Sec. 31.  NEW SECTION.  651.31  Factors the court shall
 consider in determining if partition in kind will result in great
 prejudice.
    1.  The court shall consider all of the following factors
 in determining if partition in kind of heirs property will
 result in great prejudice to the cotenants of such property as
 a group:
    a.  Whether the heirs property can be practicably divided
 among the cotenants.
    b.  Whether a partition in kind will apportion the heirs
 property in such a way that the aggregate fair market value of
 the parcels resulting from the division will be materially less
 than the value of the heirs property if the heirs property is
 sold as a whole, taking into account the condition under which
 a court=ordered sale likely will occur.
    c.  Evidence of the collective duration of ownership or
 possession of the heirs property by a cotenant and one or more
 predecessors in title or predecessors in possession to the
 cotenant who are or were relatives of the cotenant or each
 other.
    d.  A cotenant's sentimental attachment to the heirs
 property, including any attachment arising due to the heirs
 property having ancestral or other unique or special value to
 the cotenant.
    e.  The lawful use being made of the heirs property by a
 cotenant and the degree to which the cotenant will be harmed
 if the cotenant cannot continue the same use of the heirs
 property.
    f.  The degree to which a cotenant has contributed the
 cotenant's pro rata share of the property taxes, insurance, and
 other expenses associated with maintaining ownership of the
 heirs property, or has contributed to the physical improvement,
 maintenance, or upkeep of the heirs property.
    g.  Tax consequences.
    h.  Any other factors the court deems relevant.
    2.  The court shall weigh the totality of all relevant
 factors and circumstances and not consider any one factor in
 subsection 1 to be dispositive.
    Sec. 32.  NEW SECTION.  651.32  Applicability of subchapter
 II provisions.
    1.  If the court orders the heirs property partitioned in
 kind, the proceedings shall be governed by the procedures set
 forth in subchapter II that are applicable to a partition in
 kind.
    2.  If the court orders the heirs property partitioned by
 sale, the proceedings shall be governed by the procedures set
 forth in subchapter II applicable to a partition by sale.
    Sec. 33.  REPEAL.  Chapter 651, Code 2018, is repealed.


                                                                                            CHARLES SCHNEIDE


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            KIM REYNOLDS

                             -1-
feedback