Detailed answer: Forcing the sale or division of co-owned real property in Indiana

Short answer: If you and your ex still legally co-own real property in Indiana, your primary legal tool is a partition action under Indiana law (a court process that divides or sells jointly owned land). You may also be able to enforce a divorce judgment or agree to a buyout. Which route works best depends on how title is held, what your divorce decree says, and any liens or mortgages on the property.

What is a partition action (the usual legal route)?

A partition action asks a court to either physically divide the property among co-owners (partition in kind) or to order the property sold and divide the sale proceeds (partition by sale). Indiana’s partition statutes govern this remedy. See Indiana Code, Title 32, Article 17 (Partition of Real Property): https://iga.in.gov/legislative/laws/2023/ic/titles/032#32-17.

Key features of a partition action in Indiana:

Any co-owner (tenant in common or joint tenant, unless a legal barrier exists) can file the complaint in the county where the property is located.
The court will first consider whether a partition in kind (physically dividing the land) is practical and fair. If division would be impractical or would substantially reduce the value, the court may order a sale and divide the proceeds.
The court’s division or sale normally follows ownership shares as shown by title unless the parties agree otherwise or the court finds equitable reasons to adjust shares (for example, one party paid most mortgage, taxes, or made significant improvements).
The court can appoint a commissioner or referee to handle the details of sale and distribution.

When partition is appropriate

Use partition when:

Title still lists both you and your ex as owners after divorce.
You want to force sale or divide the property but cannot reach agreement with the co-owner.
Your divorce decree did not fully transfer or clear title to the person the court intended to own the property.

What if the divorce decree awarded the property to one spouse?

A divorce decree that awards a property interest is a court judgment. If the decree expressly transferred the property to one spouse but title wasn’t changed, you may have remedies to enforce the judgment — for example, asking the divorce court to enter an order directing the transfer or to hold the other party in contempt for failing to obey the decree. If the decree only awarded an equitable interest but left legal title unchanged, a partition action or a separate quiet-title or enforcement action may be necessary.

Carefully review the divorce judgment language. If it explicitly conveys or requires a deed, the winner can usually ask the court to enforce the deed transfer.

Other options besides a partition lawsuit

Negotiate a buyout: One co-owner pays the other a negotiated sum in exchange for a deed. This is usually faster and cheaper than litigation.
Mediation: A neutral mediator can help reach a division or sale plan acceptable to both parties.
Refinance or mortgage modification: If the goal is to remove one party from title, the remaining owner might refinance in their own name to buy out the ex.
Agreement to list and sell: Both owners can agree to sell on the open market and split proceeds per agreement or title shares.
Quiet-title or declaratory relief: If title disputes or clouded records block transfer, a quiet-title action or other declaratory judgment may be needed before sale.

Practical steps to take now

Check the deed and county land records to confirm how title is held (joint tenants, tenants in common, or single name).
Locate your divorce decree and read the property-related provisions carefully. Note whether the court ordered a deed transfer or only an equitable award.
Collect documentation: deed, mortgage and tax statements, proof of payments (mortgage, taxes, insurance), receipts for improvements, and any written agreements about the property.
Try negotiating a voluntary resolution: buyout, sale, or mediation. Keep communications written and save records.
If negotiation fails, consult a local Indiana attorney about filing a partition action or enforcing the divorce judgment. Partition procedures are governed by Indiana law: IC 32-17 (Partition).

What to expect if you file a partition lawsuit

Process highlights:

Filing a complaint and serving the co-owner(s).
Court may order appraisals and set a hearing to determine whether partition in kind is feasible.
If sale is ordered, the court typically appoints an officer or commissioner to conduct the sale and distribute proceeds after paying liens and costs.
Costs, attorneys’ fees, and liens (including mortgages and judgments) are paid from sale proceeds before owners split net proceeds.

Timing varies. Simple cases can resolve in a few months if parties cooperate; contested matters and sales often take longer.

Tax, mortgage, and lien considerations

Outstanding mortgages, tax liens, or judgments attach to the property and generally must be satisfied at sale. Talk with a lawyer about how a lien or mortgage affects your options and distribution of sale proceeds.

Costs and risks

Litigation costs and court fees can be substantial. A buyout or negotiated sale is often cheaper.
A court-ordered sale could produce a lower net price than a negotiated market sale, depending on circumstances.
Courts divide proceeds based on legal ownership and equitable adjustments for contributions — you will need good records to support claims for credits.

Evidence that strengthens your case

Collect and organize:

Recorded deed(s) and title history.
Divorce decree and any written property settlement agreement.
Mortgage, tax, insurance payment records.
Receipts for repairs or capital improvements.
Communications about agreements to sell, buy out, or transfer title.

Helpful Hints

Confirm exactly how title is held at the county recorder’s office before taking action.
Read your divorce judgment carefully — language matters. If it awarded the property, enforcement may be faster than a new lawsuit.
Try to resolve the matter by agreement first: it saves money and time.
If you file a partition, keep documentation of payments you made (mortgage, taxes, insurance) to seek equitable credits.
Consider mediation as a cost-effective alternative to full litigation.
Expect that liens and mortgages will be paid from sale proceeds before owners split the net money.
Ask an attorney about possible tax consequences of sale or buyout (capital gains, basis adjustments).

Next best step: Gather the deed and divorce judgment and consult a local Indiana attorney experienced with partition and post-divorce property enforcement to review your documents and explain timing, costs, and likely outcomes.

Disclaimer: This article explains general Indiana law and common options. It is educational only and is not legal advice. For advice about your specific situation, consult a licensed Indiana attorney.