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Iowa · Iowa Code §561.13Iowa homestead: the spouse's signature on the contract and the deed

In Iowa, a conveyance or encumbrance of the homestead, or a contract to convey or encumber it, isn't valid if the owner is married unless and until the spouse executes the same or a like instrument, or a power of attorney to do so (Iowa Code §561.13(1)). A spouse who holds only homestead rights and a surviving spouse's share can instead specifically relinquish homestead rights in an instrument without joining the granting clause (§561.13(2)). The exceptions are narrow: the nonsigning spouse's interest was ended by a dissolution decree or court order, the spouse's right of recovery is time-barred, the encumbrance is a purchase-money mortgage, or a court in equity finds invalidating the transaction would unjustly enrich the nonsigning spouse (§561.13(3)). The rule covers the purchase contract itself, not just the deed.

The rule

  1. 1. Rule (§561.13(1))

    Contract, deed or mortgage of the homestead needs the spouse's signature or POA.

  2. 2. Relinquishment (§561.13(2))

    A non-owner spouse can relinquish homestead rights instead of joining the granting clause.

  3. 3. Exceptions (§561.13(3))

    Dissolution decree, time bar, purchase-money mortgage, unjust enrichment.

  4. 4. Timing

    It applies to the purchase contract too, not only the deed.

What the TC can do

  • Ask early whether the seller is married and whether the house is their home.
  • Tell the closing agent so the deed and closing documents include the spouse.
  • If the spouse can't attend, ask the closing agent about a power of attorney well before closing.

Questions about spouses signing

Does the spouse have to sign an Iowa purchase agreement?

If the property is the homestead, a contract to convey it isn't valid until the spouse executes the same or a like instrument, or a power of attorney (Iowa Code §561.13(1)).

Can a non-owner Iowa spouse just release homestead rights?

Yes – a spouse holding only homestead and survivor's rights can specifically relinquish them in an instrument without joining the granting clause (§561.13(2)).

Related guides

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Source: Iowa Code §561.13 (legis.iowa.gov, Iowa Code 2026, read October 26, 2026).

General information, not legal advice. Whether a property is a homestead and who must sign is a question for the closing attorney or title company. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.