H.F. 520 Section 1. Section 232.82, subsection 1, Code 2015, is 1 amended to read as follows: 2 1. Notwithstanding section 561.15 , if If it is alleged by 3 a person authorized to file a petition under section 232.87, 4 subsection 2 , or by the court on its own motion, that a parent, 5 guardian, custodian, or an adult member of the household in 6 which a child resides has committed a sexual offense with or 7 against the child, pursuant to chapter 709 or section 726.2 , 8 or a physical abuse as defined by section 232.2, subsection 9 42 , the juvenile court may enter an ex parte order requiring 10 the alleged sexual offender or physical abuser to vacate the 11 child’s residence upon a showing that probable cause exists to 12 believe that the sexual offense or physical abuse has occurred 13 and that substantial evidence exists to believe that the 14 presence of the alleged sexual offender or physical abuser in 15 the child’s residence presents a danger to the child’s life or 16 physical, emotional, or mental health. 17 Sec. 2. NEW SECTION . 558.73 Dower and curtesy abolished. 18 Dower and curtesy are abolished in this state. 19 Sec. 3. Section 561.11, Code 2015, is amended to read as 20 follows: 21 561.11 Occupancy by surviving spouse. 22 Upon the death of either spouse, the survivor may continue to 23 possess and occupy the whole homestead until it is otherwise 24 disposed of according to law , but the setting off of the 25 distributive share of the survivor in the real estate of the 26 deceased shall be such a disposal of the homestead as is herein 27 contemplated . 28 Sec. 4. Section 561.13, Code 2015, is amended by striking 29 the section and inserting in lieu thereof the following: 30 561.13 Conveyance or encumbrance. 31 A conveyance or encumbrance of, or contract to convey or 32 encumber the homestead, if the owner is married, is valid, even 33 if the spouse of the owner who is not a titleholder of the 34 homestead does not execute the same or a like instrument, or 35 -1- LSB 2422YH (5) 86 jh/sc 1/ 6

H.F. 520 a power of attorney for the execution of the same or a like 1 instrument. 2 Sec. 5. Section 597.5, Code 2015, is amended to read as 3 follows: 4 597.5 Attorney in fact. 5 A husband or wife may constitute the other spouse as the 6 husband’s or wife’s attorney in fact, to control and dispose of 7 the husband’s or wife’s property , including the relinquishment 8 of homestead rights and surviving spouse’s statutory share in 9 the homestead, as provided in section 561.13 , for their mutual 10 benefit, and may revoke the appointment, the same as other 11 persons. 12 Sec. 6. Section 598.33, Code 2015, is amended to read as 13 follows: 14 598.33 Order to vacate. 15 Notwithstanding section 561.15 , the The court may order 16 either party to vacate the homestead pending entry of a decree 17 of dissolution upon a showing that the other party or the 18 children are in imminent danger of physical harm if the order 19 is not issued. 20 Sec. 7. Section 614.14, subsection 1, Code 2015, is amended 21 to read as follows: 22 1. If an interest in real estate is held of record by a 23 trustee, a bona fide purchaser acquires all rights in the real 24 estate which the trustee and the beneficiary of the trust had 25 and any rights of persons claiming by, through , or under them, 26 free of any adverse claim including but not limited to claims 27 arising under section 561.13 or claims relating to an interest 28 in real estate arising under section 633.238 . 29 Sec. 8. Section 614.15, subsection 2, Code 2015, is amended 30 to read as follows: 31 2. In all cases where the holder of the legal or equitable 32 title or estate to real estate situated within this state, 33 after July 1, 1981, conveyed the real estate or any interest 34 in the real estate by deed, mortgage, or other instrument, and 35 -2- LSB 2422YH (5) 86 jh/sc 2/ 6

H.F. 520 the spouse failed to join in the conveyance, the spouse or the 1 heirs at law, personal representative, devisees, grantees, 2 or assignees of the spouse are barred from recovery unless 3 suit is brought for recovery within ten years from the date 4 of the conveyance. However, in the case where the right to 5 the distributive share has not accrued by the death of the 6 spouse executing the instrument, then the party not joining 7 is authorized to file in the recorder’s office in the county 8 where the land is situated, a notice with affidavit setting 9 forth the affiant’s claim, together with the facts upon which 10 the claim is based, and the residence of the claimants. If 11 the notice is not filed within ten years from the date of the 12 execution of the instrument the claim is barred forever. Any 13 action contemplated in this section may include land situated 14 in different counties by giving notice as provided in section 15 617.13 . The effect of filing the notice with affidavit shall 16 extend for a further period of ten years the time within which 17 the action may be brought. Successive notices may be filed 18 extending this period. 19 Sec. 9. Section 633.238, subsection 1, paragraph a, Code 20 2015, is amended by striking the paragraph. 21 Sec. 10. Section 633.238, subsection 1, paragraph d, Code 22 2015, is amended to read as follows: 23 d. One-third in value of the personal property held in trust 24 not necessary for the payment of debts and charges over which 25 the decedent was a grantor and retained at the time of death 26 the power to alter, amend, or revoke the trust, or over which 27 the decedent waived or rescinded any such power within one year 28 of the date of death, and to which the surviving spouse has not 29 made any express written relinquishment. 30 Sec. 11. Section 633.242, Code 2015, is amended to read as 31 follows: 32 633.242 Rights of election personal to surviving spouse. 33 The right of the surviving spouse to take an elective 34 share , and the right of the surviving spouse to receive a life 35 -3- LSB 2422YH (5) 86 jh/sc 3/ 6

H.F. 520 estate in the homestead, are is personal , . They are is not 1 transferable , and cannot be exercised for the spouse subsequent 2 to the spouse’s death. If the surviving spouse dies prior to 3 filing an election, it shall be conclusively presumed that the 4 surviving spouse does not take such elective share. 5 Sec. 12. Section 633.243, Code 2015, is amended to read as 6 follows: 7 633.243 Filing elections. 8 The filing of the elective share and the election to receive 9 a life estate in the homestead shall be filed in the office of 10 the clerk in which the decedent’s estate is being administered 11 and served on the trustee of the revocable trust. The court 12 where the election is filed shall have exclusive jurisdiction 13 over all matters regarding elections under this chapter . 14 Sec. 13. Section 633.244, Code 2015, is amended to read as 15 follows: 16 633.244 Incompetent spouse —— election by court. 17 In case an affidavit is filed that the surviving spouse is 18 incapable of determining whether to take the elective share , 19 or to elect to receive a life estate in the homestead, and 20 does not have a conservator, the court shall fix a time and 21 place of hearing on the matter and cause a notice thereof to 22 be served upon the surviving spouse in such manner and for 23 such time as the court may direct. At the hearing, a guardian 24 ad litem shall be appointed to represent the spouse and the 25 court shall enter such orders as it deems appropriate under the 26 circumstances. The guardian ad litem shall be a practicing 27 attorney. 28 Sec. 14. Section 633.245, Code 2015, is amended to read as 29 follows: 30 633.245 Record of election. 31 The elections of the surviving spouse under section 633.236 , 32 633.240 or 633.244 shall be entered on the proper records of 33 the court. 34 Sec. 15. Section 633.246, subsection 1, Code 2015, is 35 -4- LSB 2422YH (5) 86 jh/sc 4/ 6

H.F. 520 amended to read as follows: 1 1. An election by or on behalf of a surviving spouse to 2 take the share provided in section 633.211 , 633.212 , 633.236 , 3 633.238 , 633.240 , or 633.244 shall be binding and shall not be 4 subject to change except for such causes as would justify an 5 equitable decree for the rescission of a deed. 6 Sec. 16. Section 633.647, subsection 6, Code 2015, is 7 amended to read as follows: 8 6. To make an election for the ward who is a surviving 9 spouse as provided in sections 633.236 and 633.240 633.238 . 10 Sec. 17. REPEAL. Sections 561.12, 561.15, 633.239, 11 633.240, 633.241, 633.249, and 633.516, Code 2015, are 12 repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill abolishes dower and curtesy, modifies the elective 17 share of a surviving spouse, and eliminates the surviving 18 spouse’s statutory share of the homestead. 19 Dower and curtesy are common law rights relating to a 20 surviving spouse’s property rights in the property of the 21 deceased spouse. The bill explicitly abolishes dower and 22 curtesy in this state. 23 Current law provides that even if a married person’s spouse 24 is not a titleholder of the homestead, the married person 25 cannot convey or encumber the homestead unless the married 26 person’s spouse executes an instrument conveying or encumbering 27 the same interest in the homestead. The bill provides that 28 if a married person’s spouse is not a titleholder of the 29 homestead, the married person may convey or encumber the 30 homestead without the married person’s nontitleholder spouse 31 executing an instrument conveying or encumbering the same 32 interest in the homestead. 33 Code section 561.15 provides that neither spouse can remove 34 the other nor the children from the homestead without the 35 -5- LSB 2422YH (5) 86 jh/sc 5/ 6

H.F. 520 consent of the other. The bill repeals Code section 561.15. 1 Current law allows a surviving spouse to elect, in lieu 2 of any property the spouse would otherwise receive under the 3 last will and testament of the deceased spouse, one-third in 4 value of all the legal or equitable estates in real property 5 possessed by the decedent at any time during the marriage which 6 have not been sold on execution or other judicial sale, as well 7 as personal property exempt from execution, one-third of all 8 personal property not necessary for the payment of debts and 9 charges, and one-third in value of the property held in trust 10 not necessary for the payment of debts and charges. The bill 11 provides that real estate possessed by the deceased spouse 12 during the marriage is not subject to the elective share. 13 The bill further provides that the one-third in value of the 14 property held in trust only applies to personal property, not 15 real property. 16 Current Code sections 561.12 and 633.240 provide that a 17 surviving spouse may, in lieu of electing a share of the real 18 property possessed by the decedent at any time of the marriage, 19 elect to receive a life estate in the homestead. The bill 20 repeals Code sections 561.12 and 633.240. 21 The bill makes conforming changes. 22 -6- LSB 2422YH (5) 86 jh/sc 6/ 6