§ Rule 1.1201. The action

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division XII > Rule 1.1201.

Rule 1.1201. The action

1.1201(1) Real or personal property may be partitioned by equitable proceedings.

1.1201(2) Property shall be partitioned by sale and division of the proceeds, unless a party prays for partition in kind by its division into parcels, and shows that such partition is equitable and practicable. But personalty which is subject to any lien on the whole or any part can be partitioned only by sale.

1.1201(3) When partition can be conveniently made of part of the premises but not of all, one portion may be partitioned and the other sold, as provided in the rules in this division.

1.1201(4) Real and personal property owned by the same persons may be partitioned in the same action. The same referee may act as to both real and personal property.