1. 1205(1)Indispensable parties. All owners of undivided interests, and all holders of liens against less than the entire property are indispensable parties to any partition. All holders of any liens on personal property are indispensable to its partition.1. 1205(2)Optional parties. Other persons having actual, apparent, claimed or contingent interests, and holders of liens on the entire real estate may be made parties.1. 1205(3)Interests of unborn persons. The court shall have jurisdiction over an unborn person’s contingent or a prospective vested interest as a cotenant of real estate. The court shall appoint a suitable guardian ad litem to act for such person in the partition proceeding. Rules 1.210 through 1.212 shall apply in such cases. The decree of partition and the division or sale thereunder shall have the same force and effect as to all such persons, or persons claiming by, through or under them, as though they were in being when the decree was entered, and the property or proceeds of the person’s interest shall be subject to the order of the court until the right fully vests.
Iowa. R. Civ. P. 1.1205
Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.
