Senate
Study
Bill
1120
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
FRAISE)
A
BILL
FOR
An
Act
relating
to
the
conveyance
or
encumbrance
of
a
homestead
1
by
a
spouse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1667SC
(6)
84
rh/sc
S.F.
_____
Section
1.
Section
561.13,
Code
2011,
is
amended
to
read
as
1
follows:
2
561.13
Conveyance
or
encumbrance.
3
1.
A
conveyance
or
encumbrance
of,
or
contract
to
convey
4
or
encumber
the
homestead,
if
the
owner
is
married,
is
not
5
valid,
unless
and
until
the
spouse
of
the
owner
executes
may
6
be
invalidated
by
a
spouse
who
has
not
executed
the
same
or
a
7
like
instrument,
or
a
power
of
attorney
for
the
execution
of
8
the
same
or
a
like
instrument.
However,
when
the
homestead
is
9
conveyed
or
encumbered
along
with
or
in
addition
to
other
real
10
estate,
it
is
not
necessary
to
particularly
describe
or
set
11
aside
the
tract
of
land
constituting
the
homestead,
whether
the
12
homestead
is
exclusively
the
subject
of
the
contract
or
not,
13
but
the
contract
may
be
enforced
as
to
real
estate
other
than
14
the
homestead
at
the
option
of
the
purchaser
or
encumbrancer.
15
2.
If
a
spouse
who
holds
only
homestead
rights
and
surviving
16
spouse’s
statutory
share
in
the
homestead
specifically
17
relinquishes
homestead
rights
in
an
instrument,
including
18
a
power
of
attorney
constituting
the
other
spouse
as
the
19
husband’s
or
wife’s
attorney
in
fact,
as
provided
in
section
20
597.5
,
it
is
not
necessary
for
the
spouse
to
join
in
the
21
granting
clause
of
the
same
or
a
like
instrument.
22
3.
A
conveyance
or
encumbrance
is
not
invalid
under
23
subsection
1
if
any
of
the
following
occur:
24
a.
The
spouse’s
interest
is
terminated
by
divorce
subsequent
25
to
delivery
of
the
document,
and
the
decree
awarded
the
26
property
to
the
signing
spouse.
27
b.
The
nonsigning
spouse
abandons
the
homestead
for
a
28
minimum
of
six
consecutive
months
with
the
intent
to
remain
29
away
permanently.
30
c.
Section
614.15
applies.
31
EXPLANATION
32
This
bill
provides
that
the
conveyance
or
encumbrance
of
a
33
homestead
by
a
married
person
who
is
the
owner
of
the
homestead
34
is
not
automatically
invalid
if
the
person’s
spouse
has
not
35
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_____
joined
in
the
conveyance
or
encumbrance.
Such
a
spouse
must
1
take
action
to
invalidate
the
conveyance
or
encumbrance.
2
The
bill
further
provides
that
a
conveyance
or
encumbrance
3
is
not
invalid
solely
because
a
person’s
spouse
did
not
join
4
in
the
conveyance
or
encumbrance
if
the
spouse’s
interest
5
is
terminated
by
divorce
subsequent
to
delivery
of
the
6
document
and
the
decree
awarded
the
property
to
the
signing
7
spouse,
if
the
nonsigning
spouse
abandons
the
homestead
for
a
8
minimum
of
six
consecutive
months
with
the
intent
to
remain
9
away
permanently,
or
as
provided
in
section
614.15
(action
10
for
recovery
of
property
where
spouse
fails
to
join
in
the
11
conveyance).
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