Detailed Answer

Short summary: If you inherited an ownership interest in real property in Indiana and a co‑owner will not agree to sell or buy you out, you can ask an Indiana court to partition the property. A court can order a partition in kind (divide the land) or a partition by sale (sell the land and divide the proceeds). Most partition actions are filed in the county where the property sits in the circuit or superior court.

Who can bring a partition action?

Any person who owns a legal or equitable interest in real property may file a partition action. That includes heirs who received property by will or intestacy and co‑owners who hold title as tenants in common (the most common form for inherited interests). You must join all known co‑owners and persons claiming an interest in the property so the court can resolve everyone’s rights.

Basic legal framework (Indiana)

Partition is governed by Indiana property and civil procedure law. Title 32 of the Indiana Code covers property law; general civil procedure and equitable relief rules control how the court decides partition requests and appoints officials to make the sale or division. For state code related to property, see the Indiana Code Title 32 index: https://iga.in.gov/legislative/laws/2024/ic/titles/032. For court rules and filing procedures, see the Indiana Judiciary rules: https://www.in.gov/judiciary/rules/trial-rules/.

Practical step-by-step process

Confirm ownership and gather documents. Get a copy of the deed, death certificate(s), probate documents (if the property passed through probate), the tax parcel number, mortgage statements, and any recorded liens. Confirm how title is held (joint tenancy, tenancy in common, etc.).
Try to resolve the matter first. Courts prefer parties to reach agreements. Ask co‑owners if one will buy you out, or if you can sell by agreement. Put offers in writing. If negotiation fails, prepare to file.
Choose the correct court and county. File in the circuit or superior court in the county where the property is located. If you are unsure which local court hears partition claims, contact the county clerk or a local attorney for guidance.
Prepare and file the complaint for partition. The complaint should identify the property by legal description or parcel number, state each plaintiff’s and defendant’s claimed ownership interest, describe any encumbrances (mortgages, liens), and request the remedy sought (partition in kind or partition by sale). Include a request that the court appoint a commissioner or special master to effect the partition or sale, and for distribution of sale proceeds according to ownership shares.
Serve all interested parties. Serve co‑owners, lienholders, and anyone who claims an interest under a recorded document. The clerk will set deadlines for answers and hearings under the trial rules.
Pretrial matters and evidence. The court may require title evidence, surveys, appraisals, payoff statements for mortgages, and accounting of expenses (taxes, repairs). If someone claims exclusive possession or an offset, submit supporting documents.
Court decision: partition in kind or sale. The court examines whether a physical division is practicable and fair. If the tract cannot be divided without prejudice to owners (for example, a small single‑family lot), the court usually orders a sale and divides net proceeds proportionally among owners after paying liens, costs, and possible attorney fees.
Commissioner, sale, and distribution. If the court orders sale, it typically appoints a commissioner or referee to handle the sale (notice, auction or private sale procedures, reporting the sale to the court). After confirming the sale, the court directs how to distribute net proceeds among owners.
Costs, liens, and attorney’s fees. The court normally pays costs and liens from sale proceeds. In some situations the court can award attorney’s fees if statutes or contract authorize them, or if unjust conduct makes an award appropriate.

Example (hypothetical facts)

Imagine three siblings inherit a rural lot as tenants in common: Alice (50%), Ben (30%), and Carla (20%). Ben wants to force a sale because he cannot use his share and cannot persuade the others to sell. Ben files a complaint for partition in the county where the land sits, joins Alice and Carla, attaches the recorded deed and death certificate, and requests a partition by sale. After notice and a hearing, the court finds division in kind impracticable and appoints a commissioner. The commissioner advertises the property, sells it at public auction, pays off a mortgage and the commissioner’s fees, and the court distributes the remaining proceeds 50/30/20 to Alice, Ben, and Carla respectively.

Common complications

Mortgages or tax liens must be paid from sale proceeds or otherwise resolved.
Disputes over the amount of each owner’s share or claims of improvements and offsets can lengthen litigation.
Occupants on the property may raise adverse possession or exclusive possession claims—those require proof.
Unrecorded heirs or missing parties can complicate service and final distribution.

Where to file and local resources

File in the circuit or superior court of the county where the real estate is located. Check the county clerk’s office for local filing fees and form requirements. General resources and links:

Indiana Code (Title 32 — Property): https://iga.in.gov/legislative/laws/2024/ic/titles/032
Indiana Judiciary rules and filing procedures: https://www.in.gov/judiciary/rules/trial-rules/
Indiana Judicial Branch main site (local court contacts): https://www.in.gov/judiciary/

When you should strongly consider hiring an attorney

Partition actions can be procedurally and factually complex. Consider hiring a lawyer if:

Multiple co‑owners or unknown heirs exist.
There are mortgages, liens, tax issues, or environmental problems.
Someone claims a different legal interest (life estate, trust beneficiary, adverse possession).
Large dollar values are involved and you need to protect your share.

Helpful Hints

Start by getting a certified copy of the deed and the decedent’s death certificate.
Search the county recorder’s office for mortgages and liens before you file.
Discuss a written buyout offer with co‑owners — courts favor agreed results and this can avoid litigation costs.
Get an independent appraisal early to know the likely sale value and how proceeds will divide.
Document any payments you made for taxes, insurance, or improvements—these can affect distribution or offset claims.
Serve all known claimants and keep proof of service. Missing parties can delay final distribution.
Ask the court about appointing a neutral commissioner to manage the sale process to ensure fairness and transparency.

Disclaimer: This article explains general Indiana procedures and is for informational purposes only. It is not legal advice. Laws change and every case is different. Consult a licensed Indiana attorney to get advice about your specific situation.