Iowa Code 651.1 – Definitions
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Terms Used In Iowa Code 651.1
- 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
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Intestate: Dying without leaving a will.
- 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
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
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.
2018 Acts, ch 1108, §1
Former §651.1 repealed by 2018 Acts, ch 1108, §33
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.
2018 Acts, ch 1108, §1
Former §651.1 repealed by 2018 Acts, ch 1108, §33