2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 614 - LIMITATIONS OF ACTIONS
614.15 - SPOUSE FAILING TO JOIN IN CONVEYANCE.

        614.15  SPOUSE FAILING TO JOIN IN CONVEYANCE.
         1.  In all cases where the holder of the legal or equitable title
      or estate to real estate situated within this state, prior to July 1,
      1981, conveyed the real estate or any interest in the real estate by
      deed, mortgage, or other instrument, and the spouse failed to join in
      the conveyance, the spouse or the heirs at law, personal
      representatives, devisees, grantees, or assignees of the spouse are
      barred from recovery unless suit is brought for recovery within one
      year after July 1, 1991.  But in case the right to the distributive
      share has not accrued by the death of the spouse executing the
      instrument, then the one not joining is authorized to file in the
      recorder's office of the county where the land is situated, a notice
      with affidavit setting forth affiant's claim, together with the facts
      upon which the claim rests, and the residence of the claimants.  If
      the notice is not filed within two years from July 1, 1991, the claim
      is barred forever.  Any action contemplated in this section may
      include land situated in different counties, by giving notice as
      provided by section 617.13.
         2.  In all cases where the holder of the legal or equitable title
      or estate to real estate situated within this state, after July 1,
      1981, conveyed the real estate or any interest in the real estate by
      deed, mortgage, or other instrument, and the spouse failed to join in
      the conveyance, the spouse or the heirs at law, personal
      representative, devisees, grantees, or assignees of the spouse are
      barred from recovery unless suit is brought for recovery within ten
      years from the date of the conveyance.  However, in the case where
      the right to the distributive share has not accrued by the death of
      the spouse executing the instrument, then the party not joining is
      authorized to file in the recorder's office in the county where the
      land is situated, a notice with affidavit setting forth the affiant's
      claim, together with the facts upon which the claim is based, and the
      residence of the claimants.  If the notice is not filed within ten
      years from the date of the execution of the instrument the claim is
      barred forever.  Any action contemplated in this section may include
      land situated in different counties by giving notice as provided in
      section 617.13.  The effect of filing the notice with affidavit shall
      extend for a further period of ten years the time within which the
      action may be brought.  Successive notices may be filed extending
      this period.  

         Section History: Early Form

         [S13, § 3447-b; C24, 27, 31, 35, 39, § 11022; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 614.15] 

         Section History: Recent Form

         91 Acts, ch 183, §34; 93 Acts, ch 14, §1
         Referred to in § 614.16, 614.20