Indiana: How to File a Partition Action to Force Sale or Obtain a Buyout

What is a partition action?

A partition action asks the court to divide real property owned by two or more people so each gets their fair share. If the court cannot physically divide the property fairly (a partition in kind), it will order a sale and split the sale proceeds among the owners. Indiana law governs partition actions under the statutes on partition of real estate (see IC 32, partition provisions: https://iga.in.gov/legislative/laws/2024/ic/titles/032#32-17).

Who can file and when?

Any person who has a legal or equitable interest in the property can file a partition action. Typical situations include:

• Co-owners who hold title as tenants in common.
• Heirs who inherited real estate and cannot agree on keeping or selling it.
• Co-owners after a relationship ends (e.g., siblings disagree on parents’ home).

Partition is not available if the property is held as a joint tenancy with right of survivorship and no one else has an ownership interest, or if other statutory restrictions apply. If you are unsure about the ownership type, check the deed and consider a title search.

Key documents you will need

• The deed(s) showing current owners and how they hold title.
• Death certificates and probate records if ownership passed after a parent died.
• Mortgage, lien, and tax information on the property.
• Any written agreements among owners about sale or buyouts.
• Recent appraisals or market data, if available.

Step-by-step: How a partition action works in Indiana

1. Prepare and file a complaint for partition. You (the plaintiff) file the complaint in the county where the property is located. The complaint explains your interest in the property, the names of all co-owners (defendants), and asks the court to partition the property or order a sale and divide the proceeds.
2. Service of process. You must legally serve all co-owners with the complaint and a summons so they have notice and a chance to respond.
3. Defendants answer or dispute. Co-owners can answer, assert defenses, or file counterclaims. Common issues include claiming a different ownership share or asserting that the property should not be partitioned for equitable reasons.
4. Temporary or provisional relief (if needed). You can ask for temporary orders to protect the property, such as prohibiting one owner from removing items, occupying exclusively, or making major changes. The court may require bonding or other protections.
5. Evidence and valuation. The court will determine each party’s ownership share and the property’s value. The court may order appraisals or accept stipulations and other evidence.
6. Partition in kind vs. sale. If the court finds the property can be fairly divided physically, it may order a partition in kind (divide the land). If a fair physical division is impractical or inequitable, the court will order a sale and divide proceeds among owners according to their shares. See Indiana partition statutes for guidance: IC Title 32, Partition.
7. Appointment of commissioner or sale process. The court often appoints a commissioner, referee, or special master to implement the sale or division, conduct auction procedures, or carry out conveyance documents. The sale can be public auction or private sale under court supervision.
8. Paying liens and distributing proceeds. Sale proceeds pay mortgages, tax liens, court costs, and any other valid liens before being distributed to owners per their ownership percentages.
9. Final decree and transfer. The court issues a final order (decree) confirming the sale or conveyance and distributing funds. That decree resolves ownership through the court’s process.

How to force a sibling to buy you out instead of selling

A buyout can occur in two ways:

• Pre-suit agreement: Negotiate a buyout before filing. Use an appraisal to set fair market value, subtract liens, and pay your share.
• During the partition case: Ask the court to give the property to one owner on terms that require that owner to pay the other owners their shares. The court can approve a buyout as part of the outcome if it equitably resolves the division. Courts generally prefer sale when a fair in-kind division is not feasible, but they may approve a transfer to one owner with money paid out of cash or financing.

To force a sibling to buy you out, you typically must convince the court that a buyout is feasible and equitable. That usually requires a credible appraisal and proof that the proposed buyer can pay (cash or financing). Alternatively, the proposed buyer can sign a written offer or stipulation and the court can enter an order enforcing that agreement.

How mortgages, liens, and taxes affect a partition

Mature liens, mortgages, and unpaid property taxes attach to the property and must be satisfied from sale proceeds before distribution. If an owner wants to buy out co-owners but the property has an existing mortgage, the buyer must handle the mortgage (pay it off, assume it, or refinance). The court will order allocations only after lien priorities are resolved.

Estimated costs and timeline

• Filing fees and service costs: vary by county.
• Appraisal fees: $300–$800 (estimate depends on property).
• Commissioner or auction costs: added to sale expenses.
• Attorney fees: vary; many partition cases run from a few thousand dollars to much more if contested.
• Timeline: an uncontested partition can take a few months. Contested matters frequently take 6–18 months or longer depending on complexity, appeals, and lien resolution.

Practical alternatives to filing suit (try these first)

• Open a calm negotiation with your sibling, using a neutral third party if needed.
• Hire a real estate appraiser and share the result to establish fair value.
• Offer mediation or collaborative settlement to avoid court costs and delays.
• Offer structured buyout terms (installments, seller financing, or cash at closing).
• Consider partition-by-agreement: owners sign a written settlement allocating parts or proceeds without a court fight, then record deeds or transfers.

When you should contact an attorney

Talk to a licensed Indiana attorney if any of the following apply:

• Title or ownership is unclear (disputed deeds, probate complications).
• Significant liens, mortgages, or tax issues exist.
• The case is likely to be contested (family conflict, questions about shares).
• You want to propose a buyout and need help structuring it or documenting financing.

An attorney can explain procedural rules for your county, prepare the complaint, handle service, negotiate settlement, and represent you at court hearings.

Helpful hints

• Confirm the deed type: tenants in common owners can force partition; joint tenants with rights of survivorship may not have the same remedy.
• Get a certified copy of the deed and a basic title report early.
• Get an appraisal and comparable sales data before negotiations or court so you know the property’s market value.
• Document communications with co-owners and keep all written offers or refusals.
• Consider a demand letter outlining your terms before filing; it sometimes prompts a buyout without court.
• Remember sale proceeds will pay liens and closing costs before distribution.
• Ask the court for a temporary order if a co-owner is damaging the property or removing fixtures.
• Expect courts to favor practical, equitable solutions; be prepared to propose a realistic plan for division or sale.
• Look into local legal aid or attorney referral services if cost is a barrier.