§ 614.15

614.15 Spouse failing to join in conveyance. 1. In all cases where the holder of the legal or equitable title or estate to real estate situated within this state, prior to July 1, 1981, conveyed the real estate or any interest in the real estateby deed, mortgage, or other instrument, and the spouse failed to join in the conveyance, thespouse or the heirs at law, personal representatives, devisees, grantees, or assignees of thespouse are barred from recovery unless suit is brought for recovery within one year afterJuly 1, 1991. But in case the right to the distributive share has not accrued by the death of thespouse executing the instrument, then the one not joining is authorized to file in the recorder’soffice of the county where the land is situated, a notice with affidavit setting forth affiant’sclaim, together with the facts upon which the claim rests, and the residence of the claimants.If the notice is not filed within two years from July 1, 1991, the claim is barred forever. Anyaction contemplated in this section may include land situated in different counties, by givingnotice as provided by section 617.13. 2.

hin two years from July 1, 1991, the claim is barred forever. Anyaction contemplated in this section may include land situated in different counties, by givingnotice as provided by section 617.13. 2. In all cases where the holder of the legal or equitable title or estate to real estate situated within this state, after July 1, 1981, conveyed the real estate or any interest in the real estateby deed, mortgage, or other instrument, and the spouse failed to join in the conveyance, thespouse or the heirs at law, personal representative, devisees, grantees, or assignees of thespouse are barred from recovery unless suit is brought for recovery within ten years from thedate of the conveyance. However, in the case where the right to the distributive share hasnot accrued by the death of the spouse executing the instrument, then the party not joiningis authorized to file in the recorder’s office in the county where the land is situated, a noticewith affidavit setting forth the affiant’s claim, together with the facts upon which the claim isbased, and the residence of the claimants. If the notice is not filed within ten years from thedate of the execution of the instrument the claim is

aim, together with the facts upon which the claim isbased, and the residence of the claimants. If the notice is not filed within ten years from thedate of the execution of the instrument the claim is barred forever. Any action contemplatedin this section may include land situated in different counties by giving notice as provided insection 617.13. The effect of filing the notice with affidavit shall extend for a further period often years the time within which the action may be brought. Successive notices may be filedextending this period. [S13, §3447-b; C24, 27, 31, 35, 39, §11022; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §614.15] 91 Acts, ch 183, §34; 93 Acts, ch 14, §1Referred to in §561.13, 614.16, 614.20 Sat Dec 23 11:18:35 2023 Iowa Code 2024, Section 614.15 (18, 0)