Detailed answer

Overview. When two or more people own real estate in Indiana and they cannot agree about keeping, dividing, or selling the property, any co-owner may ask the court to resolve the dispute through a partition action. A partition action is a civil lawsuit that asks the court to divide the property fairly among the owners or to order the property sold and the proceeds divided. Partition is commonly used by tenants in common or other co-owners who cannot reach a voluntary agreement.

Legal basis

Partition claims arise under Indiana property law (see Indiana Code Title 32, Property). For an overview of the relevant statutes, start at the Indiana General Assembly’s site for Title 32: https://iga.in.gov/legislative/laws/2024/ic/titles/32. County court rules and local court procedures also apply, so check the court website where the property is located or the Indiana Judicial Branch information at https://www.in.gov/judiciary/.

Who may file

Typical parties who can start a partition action include:

• a tenant in common who wants to divide or sell the property;
• a joint owner with an ownership interest who cannot reach agreement with co-owners;
• a holder of a recorded legal interest (for example, some lienholders may have the right to join a partition); or
• a fiduciary when authorized by the terms of the trust or by statute to protect beneficiaries’ interests.

Where to file

File the partition complaint in the circuit or superior court of the county where the real estate is located. The court has jurisdiction over the land in the county where the property sits.

Typical steps in a partition action

1. Attempt a voluntary resolution. Courts expect co-owners to try negotiation, mediation, or buyout offers before asking the court to intervene. Voluntary solutions are faster and cheaper.
2. Prepare and file a complaint for partition. The complaint names the property, the parties (all co-owners and any recorded lienholders or interested parties), the type of ownership and shares (if known), and the relief sought (partition in kind or partition by sale).
3. Serve all interested parties. All named owners and recorded interest-holders must be served with the complaint following Indiana rules for service of process.
4. Court appointment of commissioners or referees. If the court determines division is possible, it may appoint commissioners to make a physical division of the property. If division would be impractical or unfair, the court may order a sale and direct how the sale will be conducted.
5. Appraisal, survey, and accounting. The court may order appraisals, surveys, and an accounting of costs, liens, taxes, and improvements so it can fairly divide property or distribute sale proceeds.
6. Sale or division and final judgment. If the court orders sale, the property is sold (often at public auction) and proceeds are distributed after paying liens, taxes, and court-ordered costs. If divided in kind, the court approves the commissioners’ division and issues judgment reflecting new ownership shares.

Partition in kind versus partition by sale

Partition in kind means physically dividing the land so each owner receives a portion. Courts prefer in-kind division when it can be done without unfairness. Partition by sale means the property is sold and the net proceeds are split according to ownership shares. Indiana courts will order a sale when division in kind is impractical, would materially prejudice owners, or cannot reasonably reflect each owner’s interest.

How proceeds and costs are allocated

Net sale proceeds are typically distributed according to each owner’s legal interest after paying:

• liens and mortgages recorded against the property;
• property taxes and assessments;
• court costs and commission/sale expenses; and
• any credits or debits for improvements or waste attributed to particular owners.

Timeline and costs

Partition cases vary widely in length. Uncontested or simple cases may resolve in a few months. Contested matters with appraisals, surveys, or appeals can take a year or longer. Costs include filing fees, attorney fees, appraisal and survey fees, title work, and costs tied to the sale. Costs and attorney’s fees may be charged to the estate or allocated among parties depending on the court’s judgment.

Practical documents and evidence to prepare

• Deeds and title documents showing ownership names and interests.
• Recorded mortgages, liens, or judgments involving the property.
• Property tax receipts and tax history.
• Mortgage and escrow statements if a mortgage exists.
• Written offers, settlement attempts, or mediation communications.
• Appraisals, surveys, and evidence of improvements (receipts, contracts).

Alternatives to filing a partition action

• Negotiate a buyout where one owner purchases the other owner’s interest.
• Agree to place the property on the market and sell cooperatively.
• Use mediation to reach an agreement about division or sale terms before court involvement.
• Consider refinancing or re-titling arrangements if appropriate to the situation.

When to consult an attorney

Talk to an Indiana real estate attorney if ownership shares are unclear, liens or mortgages complicate matters, or if co-owners are hostile. An attorney can draft the complaint, make sure all interested parties are joined, protect your financial interests in the accounting phase, and advise about settlement opportunities. If you proceed without counsel, be prepared for procedural rules, deadlines, and detailed paperwork.

Where to learn more

Start with Indiana’s statutory materials on property law: Indiana Code Title 32 (Property). For local filing procedures and court forms, visit the website of the county court where the property is located or the Indiana Judicial Branch at https://www.in.gov/judiciary/.

Important: This article explains general principles under Indiana law and common practices in partition actions. You should not rely on this as legal advice for your specific situation. Consult a licensed Indiana attorney to get advice tailored to your facts.

Helpful hints

• Try mediation or direct negotiation first. Courts favor parties who attempt to resolve disputes without litigation.
• Gather title documents and records before filing. Accurate deeds and lien information will speed the case.
• Get a professional appraisal early to understand value and to inform settlement discussions.
• If you want to keep the property, prepare a realistic buyout offer backed by financing proof.
• Expect the court to account for mortgages, liens, taxes, and improvements before dividing proceeds.
• Keep written records of any contributions to mortgage payments, taxes, or property improvements; the court may consider these in allocating credits or debits.
• Consider cost-sharing agreements for appraisal, survey, and legal fees to reduce litigation delays and friction.
• Ask about quiet-title or boundary actions only if ownership or boundary disputes surface during partition; they can affect partition plans and timing.
• Remember the process can be lengthy and involve multiple hearings. Plan finances and timelines accordingly.

For help finding a local attorney who handles partition matters in Indiana, consult your county bar association or the Indiana State Bar Association’s lawyer referral resources.

Disclaimer: This is general information, not legal advice. For guidance about your specific legal rights and options, contact a licensed Indiana attorney.