Disclaimer: This article is educational only and does not provide legal advice. Consult an Indiana attorney before taking action.
Detailed Answer
In Indiana, any co-owner of real estate may file a partition action under Indiana Code Title 32, Article 27. A partition suit lets a court divide property physically or order its sale. The court then distributes proceeds among co-owners based on ownership shares.
Ownership and Timing
You and your spouse remain legally married until the court issues a divorce decree. Real estate acquired during marriage generally counts as marital property under Indiana Code IC 31-15-11-2. Separate property includes land owned before marriage or received by gift or inheritance.
Partition Actions
Under IC 32-27, you file a partition complaint in the county where the land sits. The court appoints commissioners or orders a sale. You pay filing fees, appraisal costs and survey fees. If the court sells the land, it divides net proceeds among co-owners.
Effect on Divorce Proceedings
Even if you obtain a partition judgment, a divorce court can adjust property values under equitable distribution rules in Indiana Code Title 31, Article 15. That court may revisit your real estate interests when finalizing asset division.
Strategic Considerations
Partition suits often suit purely separate property or uncontested divisions. Partitioning marital real estate outside your divorce can complicate settlement, trigger additional costs and delay resolution. Many spouses instead use a marital settlement agreement or mediation to allocate property within the divorce case.
Helpful Hints
- Review Title Records: Confirm when and how you or your spouse acquired the land.
- Order an Appraisal: Establish accurate market value before filing.
- Assess Costs: Budget for filing fees, surveys, appraisals and commission reports.
- Consider Mediation: A mediator may help you split property without a separate partition suit.
- Consult a Family Law Attorney: Discuss whether partition or a divorce agreement best meets your goals.
- Read the Statutes: See IC 32-27 for partition and IC 31-15 for divorce property division at iga.in.gov and iga.in.gov.