Detailed Answer

Short answer: In Indiana you can force the sale of real property co-owned by filing a partition action in the court for the county where the property is located. The court will review ownership, consider whether the property can be divided (“partition in kind”), and if not, order a sale and distribute proceeds after paying liens and costs.

How partition actions work in Indiana

Partition is a civil lawsuit asking the court to divide or sell real estate owned by two or more persons. Courts prefer dividing property physically when it is reasonably possible and fair. When physical division would be impractical or would unfairly disadvantage an owner, the court orders a sale and divides the money according to each owner’s legal interest (after paying mortgages, liens, and costs).

Partition law and civil procedure in Indiana are governed by state statutes and the Indiana court rules. You can review Indiana’s statutes and court rules at the Indiana General Assembly and Indiana Courts websites: https://iga.in.gov/legislative/laws/ and https://www.in.gov/courts/rules/.

Step-by-step: Filing a partition action in Indiana

Confirm ownership and shares. Obtain a title search or copy of the recorded deed from the county recorder where the property sits. The deed will show how title is held (e.g., joint tenants, tenants in common). Most partition disputes involve tenants in common (each owner has a fractional share). If the deed is unclear, a title search or an attorney can help.
Consider alternatives before suing. Try negotiating a buyout, sell by agreement, or mediation. Courts favor practical solutions and many disputes resolve faster and cheaper outside court.
Prepare the complaint for partition. The complaint lists the property description, names of all owners and lienholders, each owner’s claimed share (if known), and asks the court to divide or sell the property. Typical claims include partition in kind or, if not feasible, a partition by sale.
File in the correct county. File the complaint in the county where the property is located. The court clerk will assign a case number and will tell you filing fees. If you cannot afford fees, you may ask the court for a fee waiver (in forma pauperis) and provide supporting financial information.
Serve the other owners and interested parties. The defendant co-owner(s) and any lienholders must be properly served with the complaint and summons. If someone cannot be located, the court may allow alternate service or publication in a local paper.
Court process, hearing, and evidence. The court may schedule hearings. Expect to present deeds, tax records, mortgage statements, an appraisal, and proof of ownership. The court will determine each party’s legal interest and whether a physical division is possible.
Appointment of a commissioner or referee. Indiana courts commonly appoint a commissioner (or referees) to inspect the property, obtain appraisals, attempt to divide the property on paper or in kind, handle advertising and sale logistics, and report to the court. The commissioner’s fees and sale costs come from the sale proceeds.
Partition in kind or sale. If the court orders partition in kind, it divides the land and re-records new deeds. If partition in kind is impracticable or would be inequitable, the court orders a sale (public auction or private sale under court supervision) and directs how proceeds are distributed among owners and lienholders.
Distribution of proceeds. Sale proceeds first pay mortgages, liens, taxes, and court costs (including commissioner fees). The remainder is divided between owners according to their legal shares, or as the court determines equitable (if contributions or improvements changed equities).

What you can request from the court

Partition in kind (divide the land) or partition by sale (force sale).
Appointment of a commissioner/receiver to manage, maintain, and market the property.
Temporary orders to protect the property (prevent removal of tenants, collect rents, maintain insurance).
Accounting for rents, profits, and expenses if one co-owner has been occupying or managing the property.

Timing and likely costs

There is no fixed timeline. Simple cases where parties cooperate may resolve in a few months. Contested cases with valuation disputes, multiple lienholders, or title issues can take a year or longer. Costs include filing fees, service fees, appraisal(s), commissioner fees, attorney fees (if you hire counsel), and sale expenses. The court commonly orders these costs paid from sale proceeds.

Common complications specific to co-ownership with a non-consenting sibling

If your sister refuses to sign or cooperate, service and court process forces the matter forward without her consent.
If your sister occupies the house, the court can consider rent/occupancy credits and may appoint a receiver or order a sale despite occupancy.
If liens or a mortgage exist, the lender’s interest will be paid first from sale proceeds. If the mortgage is in one owner’s name only, the distribution may reflect that lien.
Improvements paid by one sibling may affect equitable distribution; bring proof of payments and contributions to court.

Where to find Indiana forms and local rules

Local courts may have requirements or forms to start a civil action. The Indiana public courts forms and information pages are a helpful starting place: https://public.courts.in.gov/forms/. For statutory authority and to read the relevant chapters of the Indiana Code, see the General Assembly site: https://iga.in.gov/legislative/laws/.

Hypothetical example (illustrates typical steps)

Facts: You and your sister each hold a 50% interest in your parents’ house by deed. She refuses to sell or sign documents. You file a complaint for partition in the county where the house sits. The court appoints a commissioner, has the property appraised, attempts an in-kind division, and finds in-kind partition impractical due to the single house structure. The court orders a sale. After paying the mortgage, taxes, and sale costs, the remaining proceeds are split 50/50.

When to consult an attorney

Talk to a lawyer if your case has complications such as unclear title, multiple lienholders, disputes about each person’s contributions, occupancy by one owner, tax concerns, or complex family dynamics. An attorney can draft the complaint, handle service, present evidence at hearings, and protect your interests. If cost is a concern, ask about limited-scope representation or look for local legal aid or court self-help resources.

Disclaimer: This article explains general Indiana law and common court practice. It is educational only and is not legal advice. Laws change and outcomes depend on facts. Consult a licensed Indiana attorney to get legal advice about your specific situation.

Helpful Hints

Get a copy of the recorded deed and current title report before you file.
Obtain a recent appraisal to support valuation at court.
Collect proof of mortgage payments, taxes, insurance, and any improvements you or your sister paid for.
Try mediation or a buyout offer before filing to save time and money.
Record a lis pendens after you file (if appropriate) to warn buyers and cloud title; check local rules on how to record it.
Be prepared for the court to require payment of commissioner costs and sale expenses from the proceeds.
Ask the court about temporary orders to preserve the property and prevent waste while the case proceeds.
Check the county court clerk’s website for filing fees, forms, and local procedures.
If you can’t afford a lawyer, look for legal aid in Indiana, law school clinics, or limited-scope representation options.