PROBATE COURTS AND DECEDENTS' ESTATES
PARTITION OF REAL ESTATE
Any person owning a present undivided legal or equitable interest or estate in real or personal property (hereinafter called "property"), not subject to redemption, or the holder of an equity of redemption shall be entitled to have partition or division in the manner hereinafter provided. If such interest or estate is in fee, he or she shall be entitled to partition or division in fee; if a life estate or a term for years, he or she shall be entitled to partition or division thereof to continue so long as his or her estate or interest endures. A life tenant, remainderman, or a tenant for years of whose term at least 20 years remains unexpired may, in the exercise of the court's equitable powers, have partition of the fee. The existence of a lease of the whole or a part of the property to be divided shall not prevent partition or division, but such partition or division shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants.
Source. 1992, 284:57. 2000, 232:1, eff. Jan. 1, 2001.