How co-owners start a partition action in Indiana: step-by-step FAQ

Short answer: A co-owner who wants to force division or sale of jointly owned real property files a civil “partition” complaint in the Indiana county court where the land lies, names all co-owners and interested parties, asks the court to divide the land in kind if practicable (or to sell it and divide the proceeds), serves the other parties, and follows the court’s orders (which may include appointing a commissioner, obtaining an appraisal, or conducting a court-ordered sale). This is a judicial process governed by Indiana law and court rules.

Detailed answer — what a partition action in Indiana involves

This is a practical, plain-language guide to how co-owners (tenants in common or, less commonly, other co-ownership forms) start and pursue a partition action under Indiana law. It assumes no prior legal knowledge.

1) Confirm the type of co-ownership and the basic legal right

Most co-owners are tenants in common — each owner holds an individual share that can be sold, transferred, or partitioned. A partition action allows any co-owner to force the property to be divided according to ownership shares or sold and the proceeds distributed. If you’re unsure what your deed or title says, get a copy of the deed from the county recorder or a title abstract.

2) Try to reach an agreement first

Courts expect parties to try to resolve disputes without litigation. Many partition cases settle: one co-owner buys the other(s) out, the parties divide the land by agreement, or they agree to sell and split proceeds. Consider mediation or a written buyout offer before filing.

3) Filing the partition complaint

When agreement fails, the petitioner (the co-owner asking for partition) files a civil complaint for partition in the circuit or superior court in the county where the property is located. The complaint should:

Identify the property (legal description), ownership shares, and all co-owners and other interested parties (mortgagees, lienholders, tenants, buyers under contract).
State whether the petitioner asks for partition in kind (physical division) or partition by sale, and ask the court to determine which is appropriate.
Ask the court to appoint a commissioner (or referees) to supervise division or sale if needed, and to order accounting of rents, taxes, liens, and expenses.

4) Service of process and joining interested parties

After filing, you must serve the complaint and summons on every co-owner and any person who has a recorded interest in the property (e.g., mortgage holders). Indiana civil procedure rules govern service and joinder. If a party cannot be found, the court can allow substitute service or service by publication in limited circumstances.

5) Defensive responses and preliminary issues

Defendants may answer, raise defenses (for example, claiming exclusive ownership, asserting an agreement that prevents partition, or denying the legal description), or ask the court to stay the action pending resolution of another dispute. The court may set preliminary hearings to resolve jurisdiction, boundary, or title questions.

6) How courts decide between partition in kind and partition by sale

The court will generally favor a partition in kind (physically dividing the land) when it is practicable and fair. If dividing the property would substantially reduce the value or is impractical (e.g., a single-family home on one lot), the court will order a sale and divide the proceeds. The court considers the property’s nature, improvements, zoning, access, and effect of division on marketability.

7) Appointment of a commissioner, appraisal, and sale process

If the court orders sale, it typically appoints a commissioner or agent to appraise, advertise, and sell the property at public auction or by private sale under court supervision. The court sets sale terms, approves sale reports, and directs distribution of proceeds after paying mortgages, liens, taxes, and court-ordered costs.

8) Distribution of proceeds and accounting

Proceeds from sale first pay liens, mortgage debt, taxes, and sale costs. Remaining funds are distributed to co-owners according to ownership shares as shown by deed or proof, unless a different allocation is ordered by the court. The court orders an accounting of rents, profits, and expenses that may affect each owner’s share.

9) Timing, costs, and risks

Partition actions vary from several months to more than a year depending on complexity, number of defendants, title issues, and whether appeals occur. Costs include filing fees, publication fees for service (if needed), appraisal and commissioner fees, attorney fees, and court costs. A forced sale may produce a lower price than a negotiated sale.

10) Special situations to watch for

If the property is a marital residence, family-law or equitable distribution issues may arise in a divorce.
Mortgages and liens remain attached to the property; a partition sale typically pays off liens first.
If co-owners occupy the property, the court can order accounting of rents or costs (utilities, taxes, repairs) that affect distribution.
A co-owner sometimes can buy out others prior to sale to keep the property.

Key Indiana law references

Indiana’s statutes and court rules govern civil actions, service, and property rights. For the statutory text and current rules, consult the Indiana General Assembly website (Title 32 covers property law). For statutes and procedural rules, see the Indiana General Assembly site: https://iga.in.gov/legislative/laws/. You can search that site for “partition” or “partition of land” and for the specific civil procedure rules that apply in civil court.

Helpful hints — practical checklist before filing

Collect the deed, chain of title documents, tax statements, mortgage and lien records, and any written agreements between co-owners.
Get a current survey or boundary description and a market appraisal to evaluate feasibility of dividing the land.
Talk to all co-owners and offer a buyout or mediation before filing to save time and costs.
Check for recorded mortgages and liens — these must be addressed at sale.
Consider whether partition in kind is practical given zoning, access, utilities, and improvements.
Budget for court costs, appraisals, commissioner fees, and likely attorney fees; forced sales can reduce net proceeds.
If you or other co-owners live on the property, expect the court to handle occupancy, rent, and maintenance through an accounting.
Keep excellent records of expenses you pay for the property (taxes, repairs, utilities) — they can affect final distribution.

When to talk to an attorney

Because partition actions involve title, lien priorities, and court procedure, consult a real estate litigation attorney if:

Title is unclear or someone claims exclusive ownership.
Multiple liens, mortgages, or buyers under contract affect the property.
There is a dispute about the legal description, boundary, or easements.
You need help drafting the complaint, handling service, or representing you at sale and distribution.

Plain-language hypothetical

Example: Three siblings inherit a vacation lot as tenants in common. Two siblings want to sell; one wants to keep it. The two file a partition complaint in the county where the lot lies, name the third sibling and the mortgage company, and ask the court to order sale because dividing the single lot would be impractical. The court appoints a commissioner, the lot is appraised and sold at auction, the sale pays off the mortgage and fees, and the court distributes the net proceeds equally to the three sibling-owners.

Final notes and legal disclaimer

This article explains how partition actions typically work in Indiana and what steps co-owners usually take to initiate them. It does not provide legal advice and is not a substitute for an attorney’s review of your specific situation. Laws and court procedures can change; for current statutes, court forms, or specific legal questions, consult a licensed Indiana attorney or the Indiana General Assembly website at https://iga.in.gov/legislative/laws/.