Detailed Answer
Under Indiana law, any co-owner of real estate may compel a forced sale of that property through a partition action. The process is governed by Indiana Code Title 32, Article 17.5. Here’s how it works:
1. Filing a Partition Complaint
A co-owner (plaintiff) files a Complaint for Partition in the circuit or superior court where the property lies. See Ind. Code § 32-17.5-3-1. The complaint must identify all parties with an ownership interest.
2. Service on All Parties
The plaintiff must serve each co-owner named in the complaint, including heirs, lienholders or tenants. Proper service ensures due process and gives each party notice of the right to appear and object.
3. Appointment of Commissioners
After answer periods expire, the court appoints three disinterested commissioners (or referees) to inspect the property, value it, and report if it can be divided in kind (physical division). See Ind. Code § 32-17.5-4-1.
4. Hearing and Commissioners’ Report
At a partition hearing, the court reviews the commissioners’ report. If the property can be fairly divided so each co-owner receives a portion reflecting their share, the court orders division in kind. If division in kind is impractical or inequitable, the court must order a sale. See Ind. Code § 32-17.5-6-1.
5. Ordering the Sale
When a sale is necessary, the court issues an order describing the sale terms, including time, place, minimum bid, and any conditions. A commissioner or sheriff conducts a public auction, often at the courthouse steps.
6. Distribution of Proceeds
After sale, the commissioner files a sale report. The court confirms the sale, pays expenses (commissions, advertising, taxes), satisfies any liens, and distributes remaining proceeds among co-owners according to their ownership interests.
Helpful Hints
- Confirm Ownership: Review deeds and title records to verify all parties with an interest.
- Explore Alternatives: Consider buyout agreements or mediation before filing to save time and costs.
- Understand Costs: Partition actions involve filing fees, commissioner fees, appraisals, and advertising costs.
- Document Improvements: Keep records of any payments you made for taxes or improvements; courts may adjust distributions accordingly.
- Plan for Timeline: Partition cases can take several months from filing to final distribution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Indiana to discuss the specifics of your situation.