Title XIV, PROPERTY (Ch. 555 - 594A)

1. A conveyance or encumbrance of, or contract to convey or encumber the homestead, if the owner is married, is not valid, unless and until the spouse of the owner executes the same or a like instrument, or a power of attorney for the execution of the same or a like instrument, e…

Subject to the rights of the surviving spouse, the homestead may be devised like other real estate of the testator. [C51, §1266; R60, §2298; C73, §2010; C97, §2987; C24, 27, 31, 35, 39, § 10148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.14 ]

Neither spouse can remove the other nor the children from the homestead without the consent of the other. [C51, §1462; R60, §2514; C73, §2215; C97, §3166; C24, 27, 31, 35, 39, § 10149; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.15 ] Referred to in §232.82 , 598.33

The homestead of every person is exempt from judicial sale where there is no special declaration of statute to the contrary. Persons who reside together as a single household unit are entitled to claim in the aggregate only one homestead to be exempt from judicial sale. A single …

If there be no survivor, the homestead descends to the issue of either spouse according to the rules of descent, unless otherwise directed by will. [C51, §1264; R60, §2296; C73, §2008; C97, §2985; C24, 27, 31, 35, 39, § 10152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561…

Where the homestead descends to the issue of either spouse the homestead shall be held exempt from any antecedent debts of the issue’s parents or antecedent debts of the issue, except those of the owner of the homestead contracted prior to acquisition of the homestead or those cr…

If within a city plat, it must not exceed one-half acre in extent, otherwise it must not contain in the aggregate more than forty acres, but if, in either case, its value is less than five hundred dollars, it may be enlarged until it reaches that amount. [C51, §1252; R60, §2284; …

Where there has been a change in the limits of the homestead, or a new homestead has been acquired with the proceeds of the old, the new homestead, to the extent in value of the old, is exempt from execution in all cases where the old or former one would have been. [C51, §1257; R…

The homestead may be sold to satisfy debts of each of the following classes: 1. Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debtor, liable to execution. 2. Those created by written contract …

1. a. Except as otherwise provided in subsection 2 , if a homestead exemption waiver is contained in a written contract affecting agricultural land as defined in section 9H.1 , or dwellings, buildings, or other appurtenances located on the land, the contract must contain a statem…

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

It must not embrace more than one dwelling house, or any other buildings except such as are properly appurtenant thereto, but a shop or other building situated thereon, actually used and occupied by the owner in the prosecution of the owner’s ordinary business, and not exceeding …

The owner, husband or wife, or a single person, may select the homestead and cause it to be platted, but a failure to do so shall not render the same liable when it otherwise would not be, and a selection by the owner shall control. When selected, it shall be designated by a lega…

Should the homestead not be platted and recorded at the time levy is made upon real property in which a homestead is included, the officer having the execution shall give notice in writing to the owner or owners if found within the county, to plat and record the same within ten d…

Upon application made to the district court by any creditor of the owner of the homestead, or other person interested therein, such court shall hear the cause upon the proof offered, and fix and establish the boundaries thereof, and the judgment therein shall be filed and recorde…

1. The owner may, from time to time, change the limits of the homestead by changing the metes and bounds, as well as the record of the plat and description, or vacate it. 2. The changes described in subsection 1 shall not prejudice conveyances or liens made or created prior to th…

When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, the sheriff shall, at the request of either party, summon nine disinterested persons having the qualifications of juror…

The court in its discretion may refer the whole or any part of the matter back to the same or other referees, to be selected in the same manner, or as the parties agree, giving them directions as to the report required of them. When the court is sufficiently advised in the case, …