Iowa Code 633.516 – Rights of absentee barred — sale by spouse
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 633.516
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
633.516 Rights of absentee barred — sale by spouse.
An order establishing the death of an absentee forever bars the rights of homestead and distributive share of the absentee, and the absentee’s interest in and to any real estate owned or held by the spouse of the absentee, and in which the spouse may have a legal or equitable interest. Conveyance of any such real estate by the spouse, after four months from date of publication of second notice of the appointment of a personal representative, is free and clear of any claim or right of homestead or distributive share on the part of the absentee.
[S13, §3307-b; C24, 27, 31, 35, 39, §11911; C46, 50, 54, 58, 62, §634.11; C66, 71, 73, 75, 77,
79, 81, §633.516]
84 Acts, ch 1080, §14
An order establishing the death of an absentee forever bars the rights of homestead and distributive share of the absentee, and the absentee’s interest in and to any real estate owned or held by the spouse of the absentee, and in which the spouse may have a legal or equitable interest. Conveyance of any such real estate by the spouse, after four months from date of publication of second notice of the appointment of a personal representative, is free and clear of any claim or right of homestead or distributive share on the part of the absentee.
[S13, §3307-b; C24, 27, 31, 35, 39, §11911; C46, 50, 54, 58, 62, §634.11; C66, 71, 73, 75, 77,
79, 81, §633.516]
84 Acts, ch 1080, §14