Detailed answer — how Indiana law treats requests to sell the home and what you can do

When the other side in a divorce or a co-owner dispute asks the court only to sell the house (a request for a judicial sale or partition-by-sale), the court has options. Under Indiana law, a court can order a sale, order one party to buy out the other, or divide property in some other fair way. You do not have to accept a sale without exploring alternatives.

Two common legal contexts:

• Dissolution of marriage (divorce): The court divides marital property between spouses in a just and reasonable manner. Courts frequently consider keeping the marital home with a buyout, awarding it to one spouse and offsetting other assets, or ordering sale. See Indiana Code Title 31 (Dissolution of Marriage) for the statutory framework. https://iga.in.gov/legislative/laws/2023/ic/titles/031
• Partition or co-owner dispute (non-divorce): Co-owners of real property may ask a court to partition the land. A court can order partition in kind (divide the property physically), a buyout (one owner buys the other out), or a partition sale. See Indiana Code Title 32 (Real Property) for rules on partition actions. https://iga.in.gov/legislative/laws/2023/ic/titles/032

What you can do right now

1. File a written response or counter-motion. If you receive a petition that only asks for sale, file a formal response with the court and (if appropriate) a counter-motion asking the court for alternative relief: a buyout, an award of the home to you, or a request for an appraisal and set buyout terms. Courts expect parties to present alternatives, not just objections.
2. Ask the court to order an appraisal. An objective valuation is critical. Ask for one or two appraisals so the judge can set an appropriate buyout price or determine net proceeds from a sale.
3. Propose a buyout formula or offset plan. Offer a concrete buyout proposal: e.g., one party keeps the home, refinances the mortgage within X months, pays the other party Y (the agreed or appraised equity share), and takes on all remaining mortgage liability. Or propose that the court award the home to one spouse and offset other property or debts to equalize distribution.
4. Request temporary possession or exclusive use. If you live in the home and want to stay while the case proceeds, ask the court for temporary orders giving you exclusive possession. Temporary possession can preserve stability and help you prepare for refinancing or a buyout.
5. Consider mediation or settlement negotiations. Judges often prefer parties to settle property issues. Mediation or direct negotiation can produce a buyout, phased payment plan, or a sale with agreed terms (who pays costs, how proceeds split). Courts will usually accept a negotiated agreement.
6. Prepare to refinance if necessary. If you propose to buy out the other party, you will likely need to qualify to refinance the mortgage in your name alone. Gather pay stubs, tax returns, credit reports, and a pre-approval to show the court you can complete the buyout.
7. Raise procedural objections only if they apply. If the petition fails to join necessary parties (e.g., a mortgage holder or a minor-owner), or the motion lacks required detail, you can move to dismiss or for additional pleadings. But courts focus mainly on reaching a fair division of property.

What the court will consider

In divorce proceedings, Indiana courts weigh factors such as each spouse’s contribution to acquisition and preservation of the property, economic circumstances, earning capacity, and the need to provide a home for any dependent children. A sale is not automatic; the judge must conclude that sale or some other disposition is just and reasonable under the circumstances (see Title 31).

In partition actions, the court considers whether partition in kind is practical. If dividing the property physically would be impractical or unfair, the court can order sale, or allow one owner to buy out the others at a court-determined value (see Title 32).

Practical consequences to consider

• Liability for mortgage and taxes continues until title issues change or mortgage is refinanced. A court order does not eliminate lender liability unless the loan is refinanced or paid off.
• Costs of sale (real estate commissions, closing costs, repairs) will reduce net proceeds; propose who pays these costs in settlement offers.
• Tax consequences — capital gains and basis issues can arise after sale. Consider tax advice before accepting a sale or structured buyout.

Timeline and next steps

Act quickly. Respond within the time set by court rules. Ask for a hearing on your counter-motion or temporary orders. Use the time before a hearing to get an appraisal, gather financial documents, and, if possible, obtain pre-approval for refinancing.

When to get an attorney

Property division issues can be complicated, and mistakes can be costly. An attorney can draft precise buyout proposals, prepare financial exhibits, and argue for temporary possession or a fair offset. If you cannot afford an attorney, contact local legal aid organizations or the county bar association for low-cost or pro bono options.

Relevant Indiana statutory resources (for more reading):

• Dissolution and property division (Indiana Code, Title 31): https://iga.in.gov/legislative/laws/2023/ic/titles/031
• Real property and partition (Indiana Code, Title 32): https://iga.in.gov/legislative/laws/2023/ic/titles/032

Helpful hints

• Respond in writing and meet deadlines. Missing a deadline can limit your options.
• Get a professional appraisal early so you can propose or contest buyout numbers.
• If you want to stay, ask for temporary exclusive possession and a timeline for refinancing or sale.
• Prepare a written buyout offer that includes refinance timing, payment terms, and who pays closing costs and liens.
• Keep detailed records of mortgage payments, repairs, improvements, property taxes, and insurance payments — courts use this information when dividing equity.
• Consider mediation before trial — it often produces faster, cheaper, and more controllable results than a court-ordered sale.
• Confirm how liabilities (mortgage, tax liens) will be handled in any settlement or order; an order that divides equity does not automatically remove your name from the loan.
• Talk to a lawyer if the other side insists on sale and you want to keep the property — an attorney can draft a counterproposal and represent you at hearings.

Disclaimer: This article explains general principles of Indiana law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Indiana attorney.