Preparing to Start a Partition Case in Indiana: What to Give Your Lawyer

Disclaimer: I am not a lawyer. This article provides general information about Indiana partition cases to help you prepare to talk with an attorney. It is not legal advice.

Detailed Answer — What a partition case is and what your lawyer needs

A partition action asks a court to divide real property when co-owners cannot agree on ownership, use, sale, or distribution. Indiana courts handle partition actions in the county where the property sits. Your attorney will use documents and facts you provide to evaluate ownership interests, locate all parties, assess liens and encumbrances, determine whether a partition in kind (physical division) is feasible, or whether the court should order a sale and divide proceeds.

Core categories of information and documents to bring

Give your lawyer originals or clear copies organized by category. The more complete and chronological the records, the faster your attorney can assess the case and draft pleadings.

Proof of ownership / chain of title
- Most recent deed(s) showing how each co-owner holds title (warranty deed, quitclaim deed, etc.).
- Previous deeds, title search reports, or an abstract of title if available.
Property legal description and survey
- Legal description from the deed, any survey, plat map, or GIS printout from county assessor.
Mortgage, lien, and encumbrance documents
- Mortgage and loan statements, payoff amounts.
- Mechanic’s liens, judgment liens, tax liens, or other recorded encumbrances.
Tax and assessment records
- Most recent property tax bills, assessments, and proof of tax payments.
Agreements between co-owners
- Any written agreements, buy-sell agreements, partition agreements, or correspondence describing expectations about the property.
Occupancy and use evidence
- Leases, rental agreements, rent ledgers, tenant security deposit records, and proof of who has been living on or using the property.
Improvement and expense records
- Receipts, contracts, permits, invoices for repairs, improvements, property management, utilities, and insurance.
Valuation and marketing materials
- Recent appraisals, broker price opinions, MLS listings, or offers to buy the property.
Estate and title-related documents (if applicable)
- Wills, trust documents, probate filings, death certificates, or letters of administration if an owner is deceased.
HOA, covenant, or municipal documents
- Homeowners association bylaws, covenants, conditions and restrictions (CC&Rs), municipal code citations affecting use or division of the property.
Communications and attempts to resolve
- Emails, text messages, letters, or notes showing offers, refusals, or negotiations among co-owners; any mediation or settlement offers.
Identification and contact details
- Full legal names, current addresses, phone numbers, and last-known addresses for all co-owners, lienholders, tenants, and other interested parties.
Prior litigation records
- Any court filings, judgments, or recorded lis pendens related to the property.

How your lawyer will use these items

Verify legal ownership and each party’s interest percentage.
Identify necessary defendants and proper service addresses.
Uncover liens and decide whether sale proceeds must satisfy secured claims first.
Decide whether partition in kind is practical (rare with small parcels or buildings) or whether a sale is the realistic route.
Calculate possible credits or offsets (improvements paid by one owner, unpaid taxes, rent owed by tenants).
Draft the complaint and supporting exhibits required by the court.

Basic Indiana procedure overview — what to expect

In Indiana, you generally file a partition complaint in the county court (often circuit or superior court) where the property is located. The court will require the complaint to name all co-owners and other interested parties, attach documents that show title and encumbrances, and describe the relief sought (partition in kind or sale).

After filing and service, the court may:

Try to encourage settlement or mediation.
Order a survey or appraisal to determine how to divide value or whether division is feasible.
Appoint a commissioner or master to carry out a partition in kind or to sell the property and report back to the court.
Enter judgment dividing the property or ordering sale and distributing proceeds after paying liens and costs.

The court also considers equitable credits: for example, if one co-owner paid a mortgage, property taxes, or made improvements, the court may adjust distributions accordingly.

Typical timeline and costs

Every case differs. Simple uncontested partitions (where parties agree) can close in a few months. Contested partitions with appraisal, discovery, and sale can take a year or longer. Costs include court filing fees, service fees, attorney fees, appraisal and survey costs, commissioner fees, and payoff of liens. Your attorney will discuss fee structure (hourly, flat, or contingent) at the first meeting.

Practical examples (hypothetical facts)

Example A: Two siblings co-own a vacant 5-acre parcel and disagree about sale. Provide deed, tax bills, any offers, contact info for sibling, and any prior written agreements. Lawyer may seek sale and split after paying mortgage and taxes.

Example B: Three people own a duplex. One lives there and claims credit for improvements. Provide deed, receipts for improvements, rent ledgers, tenant leases, and photos. Lawyer will evaluate credits and whether physical division is possible or if sale is necessary.

Helpful Hints — To make your first lawyer meeting efficient

Bring a folder with labeled sections for deeds, liens, taxes, leases, communications, and receipts.
Create a simple timeline of key events (purchase date, major repairs, when disputes began).
Provide names and current addresses for every co-owner and known lienholders—even if you think someone is unreachable.
If an owner is deceased, bring any probate paperwork, will, or trust documents and the death certificate.
Get a copy of the county assessor’s record and recorder’s search printouts for the property parcel.
Prepare a list of questions for your attorney: likely outcomes, estimated timeline, costs, potential credits, and alternatives (buyout, mediation, sale).
Consider whether you want to pursue mediation or negotiation before filing; document any offers or refusals.
Don’t delay: unaddressed repairs, unpaid taxes, or mortgage defaults can reduce the value available to distribute.

Resources

Indiana General Assembly (law and code search): https://iga.in.gov
Indiana Judicial Branch (court information, contacts, local rules): https://www.in.gov/judiciary/

If you plan to start a partition action, contact an Indiana attorney experienced in real estate litigation. Bring the documents above to your first meeting so the lawyer can evaluate your claims, identify necessary parties, and advise next steps.