Iowa Code 597.6 – Mental illness — conveyance of property
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Terms Used In Iowa Code 597.6
- Deed: The legal instrument used to transfer title in real property from one person to another.
- deed: is a pplied to an instrument conveying lands, but does not imply a sealed instrument; and the words "bond" and "indenture" do not necessarily imply a seal, and the word "undertaking" means a promise or security in any form. See Iowa Code 4.1
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Probate: Proving a will
- property: includes personal and real property. See Iowa Code 4.1
597.6 Mental illness — conveyance of property.
Where either the husband or wife is mentally ill and incapable of executing a deed or
mortgage relinquishing, conveying, or encumbering the husband’s or wife’s right to the real property of the other, including the homestead, the other may petition the district court of the county of that spouse’s residence or the county where the real estate to be conveyed or encumbered is situated, setting forth the facts and praying for an order authorizing the applicant or some other person to execute a deed or mortgage and relinquish or encumber the interest of the person with mental illness in said real estate.
[R60, §1500; C73, §2216; C97, §3167; S13, §3167; C24, 27, 31, 35, 39, §10451; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §597.6]
96 Acts, ch 1129, §113
Referred to in §229.27
See also probate code §633.642
Where either the husband or wife is mentally ill and incapable of executing a deed or
mortgage relinquishing, conveying, or encumbering the husband’s or wife’s right to the real property of the other, including the homestead, the other may petition the district court of the county of that spouse’s residence or the county where the real estate to be conveyed or encumbered is situated, setting forth the facts and praying for an order authorizing the applicant or some other person to execute a deed or mortgage and relinquish or encumber the interest of the person with mental illness in said real estate.
[R60, §1500; C73, §2216; C97, §3167; S13, §3167; C24, 27, 31, 35, 39, §10451; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §597.6]
96 Acts, ch 1129, §113
Referred to in §229.27
See also probate code §633.642