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

Iowa Senate Bill 2175 (Prior Session Legislation)

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.

Sponsorship: Committee Bill

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

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