Bill Text: IA SF383 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the disposition of inherited or gifted property in dissolution of marriage proceedings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-27 - Subcommittee: Garrett, Hogg, and Zaun. S.J. 419. [SF383 Detail]

Download: Iowa-2019-SF383-Introduced.html
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
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