§ Rule 1.1218. Partition in kind; decree; apportioning costs; recording

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division XII > Rule 1.1218.

Rule 1.1218. Partition in kind; decree; apportioning costs; recording

1.1218(1) Decree; costs.On approving a partition in kind, the court shall enter a decree allotting the property or share set off to each party, apportioning the costs among the allottees and entering judgment against them for their individual shares thereof, which shall be liens on the respective allotments, and for which special execution may issue on demand of anyone interested.

1.1218(2) Recording.The clerk shall file with the recorder of each county where any of the real estate lies, a certified transcript of so much of the decree as shows the book and page where it is recorded, the confirmation of the shares and interests in the property apportioned, the names of the parties found entitled to share therein, and an accurate description of each parcel allotted to each several owner. Such transcript shall be presented to the county auditor for transfer, recorded in the deed records, and indexed as a conveyance of each parcel, with the name of the allottee as grantee and names of all other parties as grantors. The costs of making and recording such transcript shall be assessed as part of the costs in the case.