Iowa Code 651.2 – Action for partition of property
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Terms Used In Iowa Code 651.2
- 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
- property: includes personal and real property. See Iowa Code 4.1
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.
2018 Acts, ch 1108, §2
Former §651.2 repealed by 2018 Acts, ch 1108, §33
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.
2018 Acts, ch 1108, §2
Former §651.2 repealed by 2018 Acts, ch 1108, §33