Senate
Study
Bill
3166
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
orders
of
disposition
of
certain
property
1
of
a
party
to
the
marriage
in
an
annulment,
dissolution,
or
2
separate
maintenance
proceeding.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
598.21,
subsection
6,
Code
2018,
is
1
amended
to
read
as
follows:
2
6.
Inherited
and
gifted
property.
Property
inherited
by
3
either
party
or
gifts
received
by
either
party
prior
to
or
4
during
the
course
of
the
marriage
is
the
property
of
that
party
5
and
is
not
subject
to
a
property
division
under
this
section
6
except
upon
a
finding
that
refusal
to
divide
the
property
7
is
inequitable
to
the
other
party
or
to
the
children
of
the
8
marriage
as
provided
in
this
subsection
.
Any
increase
in
the
9
value
of
inherited
or
gifted
property,
attributable
to
passive
10
growth
of
or
appreciation
to
the
inherited
or
gifted
property
11
which
does
not
result
from
the
contributions
or
efforts
of
12
both
parties
or
the
use
of
marital
assets
during
the
course
of
13
the
marriage,
remains
the
property
of
the
inheriting
party
and
14
shall
not
be
considered
in
the
property
division.
15
Sec.
2.
Section
598.21,
Code
2018,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
9.
The
court
shall
not
consider
the
18
division
of
property
under
this
section
in
the
awarding
of
19
attorney
fees.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
treatment
of
property
inherited
or
24
gifted
to
a
party
to
a
marriage
for
the
purposes
of
property
25
division
in
an
annulment,
dissolution,
or
separate
maintenance
26
proceeding.
The
bill
eliminates
the
provision
that
allows
the
27
court
to
divide
the
inherited
or
gifted
property
upon
a
finding
28
that
refusal
to
divide
the
property
is
inequitable
to
the
other
29
party
or
to
the
children
of
the
marriage.
30
The
bill
distinguishes
between
active
and
passive
growth
31
of
or
appreciation
to
property
inherited
or
gifted
to
a
32
party
during
the
course
of
the
marriage
by
providing
that
33
any
increase
in
the
value
of
inherited
or
gifted
property,
34
attributable
to
passive
growth
of
or
appreciation
to
the
35
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inherited
or
gifted
property
which
does
not
result
from
1
the
contributions
or
efforts
of
both
parties
or
the
use
of
2
marital
assets
during
the
course
of
the
marriage,
remains
the
3
property
of
the
inheriting
or
receiving
party
and
shall
not
be
4
considered
in
the
property
division.
5
The
bill
also
provides
that
the
court
shall
not
consider
the
6
division
of
property
in
the
awarding
of
attorney
fees.
7
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