Legal Opinion

In Re the Marriage of Tierney

Supreme Court of Iowa

Decided March 22, 1978No. 60476PublishedCited by 17 opinions

1Opinion of the Court

McCORMICK, Justice.

The question here is whether a trial court may enter a decree in a dissolution action ordering sale of the homestead of the parties to pay their debts. Respondent Ranell Tierney contends the court lacked authority to do so in this case. We hold that the homestead exemption statute, § 561.16, The Code, does not prohibit a dissolution decree provision for sale of the homestead to pay debts of the parties. Therefore we affirm the trial court.

At the time the decree was entered the principal assets of the parties were their homestead, owned in joint tenancy, and inventory and…

2Cases cited9 opinions

  1. Davis Ex Rel. Grant v. DavisSupreme Court of Iowa · 1954
  2. In Re the Marriage of ZoellnerSupreme Court of Iowa · 1974
  3. Ruprecht v. RuprechtSupreme Court of Minnesota · 1959
  4. Millsap v. FaulkesSupreme Court of Iowa · 1945
  5. Daniels v. MorrisSupreme Court of Iowa · 1880

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Brown v. VonnahmeSupreme Court of Iowa · 1984
  2. In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014
  3. In Re the Marriage of McMorrowSupreme Court of Iowa · 1983
  4. Kobriger v. WinterSupreme Court of Iowa · 1978
  5. Martin v. MartinSupreme Court of Iowa · 2006

12 more not listed; retrieve them via the Exa API.

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