If you co-own inherited real estate in Indiana with other heirs and want to force a sale, you generally have two tracks: negotiate a voluntary buyout or file a court action for partition. Indiana law gives co-owners a statutory remedy to divide property when they cannot agree. See Ind. Code Title 32, Article 17 (partition actions): https://iga.in.gov/laws/2024/ic/titles/032#32-17.

Step-by-step overview (what typically happens)

1. Identify co-owners and title status. Confirm who holds legal title (the estate, named heirs, or beneficiaries). Do a title search to find liens or mortgages that affect sale proceeds.
2. Try negotiation first (often fastest and cheapest). Offer to buy out the others at fair market value, or propose a joint marketing plan and split proceeds. If all owners agree to a private sale and terms, the court action is unnecessary.
3. If negotiation fails, file a partition action. You file a complaint for partition in the circuit or superior court in the county where the land lies. In a partition action the court can order either a division in kind (split the parcel) or a sale with proceeds divided among owners.
4. Court considers division in kind first. Courts prefer dividing property physically when practicable. If the land can’t be fairly divided (for example, a single house lot or small acreage that would lose value if split), the court will more likely order a sale.
5. Sale procedure and public versus private sale. If the court orders sale, Indiana law and local court rules guide how the sale happens. Courts commonly appoint a commissioner or special officer to sell the property. Sales are frequently conducted as public judicial sales or auctions, but a private sale is possible if the court authorizes it — for example when a private sale will likely produce a better price, when all parties consent, or when the court determines private sale best serves fairness and maximizes value. The court will supervise the process to ensure adequate marketing, notice to interested parties, and fair distribution of proceeds.
6. Distribution of proceeds and liens. After sale, the court directs payment of mortgages, liens, sale costs, commissions, and the division of net proceeds to co-owners according to their ownership shares.

When can you force a private sale?

You cannot unilaterally force a private sale of co-owned inherited land if other co-owners object. However, you can ask the court in your partition action to authorize a private sale rather than a public auction. The court will weigh factors including:

• Whether a private sale will likely obtain higher net proceeds than public auction.
• Whether adequate marketing and notice to potential buyers will occur.
• Whether any party has a conflict of interest (e.g., a buyer who is also an heir) and whether protections exist (independent appraisal, court approval of price).
• Whether the parties consent to a private sale or whether a buyout offer exists.

If the judge finds a private sale fair and likely to maximize value, the court can authorize it and set procedures (appraisal, minimum bids, escrow, timing, and distribution). See the partition statute: Ind. Code § 32-17 (Partition).

Practical examples

Hypothetical A: Three siblings inherit a 2-acre commercial lot. One sibling wants to sell. After negotiations fail, the sibling files a partition action. The court finds dividing the commercial lot would reduce value and orders a sale. Because a local developer offers a quick private sale at full value, and the court approves marketing and protections (independent appraisal and escrow), the sale proceeds privately and the court divides net proceeds among heirs.

Hypothetical B: Two co-owners inherit a single-family residence. One co-owner wants out. The parties cannot agree on price. The court orders a partition sale. If the court believes a public auction will not reach market buyers, it can authorize a broker-assisted private sale subject to court review and approval of sale terms.

What you should expect on timing and cost

Partition actions involve filing fees, attorney fees, appraisal costs, commissioner or guardian expenses, and court-supervised sale costs (auctioneer or broker commissions). The process may take several months to over a year depending on complexity, notice periods, and whether appeals occur.

Other legal and tax points to consider

• Estate vs. co-owner title: If the property is still part of a probate estate, coordinate with the executor or personal representative.
• Taxes: Sale proceeds may have income tax consequences (capital gains). Each heir’s tax basis depends on valuation at the decedent’s death. Consult a tax advisor.
• Liens and mortgages take priority; the court will pay those from sale proceeds before distributing net amounts.
• Minor or incapacitated heirs: The court will take special steps to protect their interests (guardian ad litem, court approval of settlement or sale).

Where to find the statute

Partition law in Indiana is found in Title 32 of the Indiana Code, Article 17 (partition). See: https://iga.in.gov/laws/2024/ic/titles/032#32-17. For practical court procedures and forms, check the Indiana Judicial Branch self-help and local county court websites for filing instructions and fee schedules: https://www.in.gov/judiciary/self-help/.

Helpful Hints

• Start by documenting ownership: get a certified copy of the deed or letters testamentary to confirm who is entitled to share in proceeds.
• Get a current appraisal early to know fair market value before negotiating or filing suit.
• Offer a cash buyout to other heirs at a fair price — many disputes resolve quickly with a buyout and avoid litigation costs.
• Consider mediation or a settlement conference before filing a partition complaint; courts often encourage settlement.
• If you proceed to court, ask the judge to set clear procedures for any private sale: minimum acceptable price, independent appraisal, timeline, and escrow protections.
• Preserve evidence of communications and offers in writing (letters, emails) — courts consider good-faith negotiation efforts.
• Consult an Indiana real estate or probate attorney early. Partition procedure and local practice vary by county and court; a lawyer can prepare pleadings and advise whether a private sale is a realistic option in your situation.
• Plan for costs: legal fees, appraisal and title fees, broker or auction costs, and potential adjustments for liens or taxes will reduce net proceeds.

Important disclaimer: This article explains general principles of Indiana law and is for educational purposes only. It is not legal advice. For guidance tailored to your situation, contact a licensed Indiana attorney.