Senate
File
383
-
Introduced
SENATE
FILE
383
BY
SCHNEIDER
A
BILL
FOR
An
Act
relating
to
the
disposition
of
inherited
or
gifted
1
property
in
dissolution
of
marriage
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2694XS
(5)
88
pf/rh
S.F.
383
Section
1.
Section
598.21,
subsection
6,
Code
2019,
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
.
Any
appreciation
in
value
of
such
inherited
or
9
gifted
property
during
the
course
of
the
marriage
remains
10
with
the
party
who
inherited
the
property
or
to
whom
the
11
property
was
gifted
and
shall
not
be
considered
in
the
property
12
division
unless
such
appreciation
occurs
as
a
result
of
active
13
improvement
of
the
inherited
or
gifted
property
by
either
party
14
during
the
course
of
the
marriage.
Any
additions
to
such
15
inherited
or
gifted
property
during
the
course
of
the
marriage
16
shall
be
factored
into
the
property
division.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
disposition
of
inherited
and
gifted
21
property
in
a
dissolution
proceeding.
22
Current
law
provides
that
property
inherited
by
either
23
party
or
gifts
received
by
either
party
prior
to
or
during
the
24
course
of
the
marriage
is
the
property
of
that
party
and
is
25
not
subject
to
a
property
division
except
upon
a
finding
that
26
refusal
to
divide
the
property
is
inequitable
to
the
other
27
party
or
to
the
children
of
the
marriage.
28
The
bill
amends
the
current
provision
to
eliminate
the
29
exception,
and
also
to
provide
that
any
appreciation
in
value
30
of
inherited
or
gifted
property
during
the
course
of
the
31
marriage
remains
with
the
party
who
inherited
the
property
or
32
to
whom
the
property
was
gifted
and
shall
not
be
considered
33
in
the
property
division
unless
such
appreciation
occurs
as
34
a
result
of
active
improvement
of
the
inherited
or
gifted
35
-1-
LSB
2694XS
(5)
88
pf/rh
1/
2
S.F.
383
property
by
either
party
during
the
course
of
the
marriage.
1
Additionally,
the
bill
provides
that
any
additions
to
inherited
2
or
gifted
property
during
the
course
of
the
marriage
shall
be
3
factored
into
the
property
division.
4
-2-
LSB
2694XS
(5)
88
pf/rh
2/
2