Detailed Answer
What Is a Partition Action?
A partition action is a lawsuit that allows co-owners of real estate in Indiana to resolve disputes by dividing or selling the property. Indiana Code IC 32-17-8 governs the general procedure.
Partition In Kind vs Partition by Sale
“Partition in kind” divides the property itself among owners, giving each a distinct parcel. Courts prefer this when feasible. If physical division would reduce value or prove impractical, the court orders a sale under IC 32-17-10. The sale proceeds then distribute to owners proportional to their shares.
Filing a Partition Action in Indiana
One owner files a complaint in the county where the property lies. The complaint names all co-owners as defendants and states each owner’s share. The court issues a summons, and co-owners must respond within 20 days.
Appointment of Commissioners and Property Division
After those steps, the court appoints three disinterested commissioners to survey the land, value it, and propose a division plan or sale. Commissioners file a written report with a map and valuation.
Court Hearing and Distribution of Proceeds
The court schedules a hearing to confirm the commissioners’ report. If it approves partition in kind, the deed transfers the new parcels. If it orders a sale, the sale net proceeds, after costs, distribute to owners based on their ownership percentages.
Costs, Timelines, and Key Considerations
A partition action often takes six to twelve months. Costs include filing fees, commissioner fees, surveys, and appraisals. Owners should weigh litigation costs against potential gains from division or sale.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation in Indiana.
Helpful Hints
- Review your property deed and confirm each owner’s share.
- Consider mediation to resolve disputes without court involvement.
- Obtain surveys and appraisals before filing a complaint.
- Assess whether a physical division makes sense versus selling the property.
- Prepare financially for court costs and fees when pursuing partition.