How to Start a Partition Action under Indiana Law

Disclaimer: This article is for general information and education only. It is not legal advice. Consult a licensed Indiana attorney about your specific situation.

Detailed answer — What a partition action is and how to begin in Indiana

A partition action is a court process that lets co-owners of real property force a division of the property or an order for sale when the co-owners cannot agree on how to use, divide, or sell it. In Indiana, you start a partition action by filing a civil complaint in the county where the property is located. The court can order partition in kind (physically divide the parcel) when practicable, or partition by sale if division isn’t practical. Liens, mortgages, and any claims by third parties are addressed in the action so proceeds or divided parcels can be distributed fairly.

Statutory and court-rule resources

Indiana property law and statutes are found in Title 32 of the Indiana Code: https://iga.in.gov/legislative/laws/2023/ic/titles/32
Civil procedure and court rules that apply to filing, service, motions, and hearings are on the Indiana Judicial Branch site: https://www.in.gov/judiciary/rules/trial-rules/
Find the appropriate county court and clerks’ offices (you must file in the county where the property is located): https://www.in.gov/courts/find-a-court/

Step-by-step: Starting a partition action in Indiana

Confirm ownership and the correct county: Identify all owners of record shown on the deed. File the complaint in the county where the property sits. Use the county clerk’s civil division for filing.
Gather documents: deed(s), current mortgage(s) and payoff statements, property tax records, any written agreements between owners, leases, surveys, and title insurance or abstracts. These documents support your complaint and show interests or liens that the court must consider.
Try settlement or mediation first: Courts generally favor resolving disputes without litigation. Offer a buyout, divide the property informally, or use a mediator. Prepare a written buyout offer with valuation support (appraisal).
Draft and file the complaint for partition: The complaint names all co-owners and any lienholders or interested parties, describes the property, states the nature of ownership (tenancy in common, joint tenancy, etc.), and asks the court to partition the property (in kind or by sale) and to distribute proceeds fairly. Request any interim relief you need (e.g., temporary injunction to prevent waste or sale).
Request lis pendens if appropriate: Filing a lis pendens (notice of pending action affecting title) with the county recorder gives public notice that the property is subject to the partition action. This can protect the process from intervening buyers or encumbrances.
Serve all parties correctly: Proper service of the complaint and summons is required under Indiana Trial Rules. Serve co-owners, mortgagees, lienholders, tenants, and other interested parties. If a party cannot be located, the court allows alternative or constructive service in limited circumstances.
Responding and default: After service, other parties have a set time to respond. If a co-owner fails to respond, you may seek a default judgment, but the court still must ensure proper notice and consider rights of non-responding lienholders.
Interim relief and evidence-gathering: If a co-owner is causing damage, removing assets, or refusing access, move for temporary injunctive relief or appointment of a receiver. Conduct discovery to gather evidence on ownership shares, improvements, contributions, and liens.
Hearing or trial on partition: The court will decide if partition in kind is feasible. If not, the court orders sale and appoints a commissioner or official to handle sale proceedings, often by public auction or brokered sale. The court then resolves accounting issues (who paid mortgages, taxes, improvements) and distributes net proceeds according to ownership shares and lien priorities.
After judgment — sale, distribution, and liens: Mortgages and properly recorded liens typically remain enforceable and are paid from sale proceeds in order of priority. If the sale does not cover liens, affected creditors retain their rights. The court’s final order will direct disbursement and any reimbursements for necessary expenses.

What to expect on outcomes and timing

Partition actions can take several months to over a year depending on complexity, contested issues, discovery, and whether the court orders a sale. Expect court costs, filing fees, sheriff/process server fees, appraisal and survey costs, and attorney fees if you hire counsel. The court can order one party to buy out others, divide the land, or sell it and divide proceeds.

Common complications specific to co-owner refusals

If a co-owner refuses to participate, the court can still proceed using substituted service or default procedures, but must ensure due process.
Uncooperative co-owners who block access or damage property may face injunctive relief or sanctions.
Mortgages and tax liens take priority; unpaid debts will reduce proceeds distributed to owners.

Helpful hints — practical tips before you file

Start by getting a current title report or full title search to identify all owners and lienholders.
Obtain a professional appraisal to support valuation and any buyout offers.
Keep detailed records of any payments you made for taxes, mortgage payments, improvements, or repairs — the court may award contributions or reimbursement.
Consider a written buyout offer or mediation to avoid the time and cost of litigation.
File a lis pendens promptly after filing the complaint to protect the property while the case proceeds.
Be prepared to ask the court for a receiver or temporary injunction if a co-owner threatens waste, removal of assets, or anonymity to avoid service.
If you expect the court to order a sale, ask the court to approve the method of sale (auction vs. broker) and to require an appraisal or minimum acceptable price.
Consult an Indiana real estate attorney if there are mortgages, tax liens, or complex title issues — these materially affect outcomes.

Where to get more help

Contact the clerk of the circuit or superior court in the county where the property is located to learn local filing requirements and costs. For legal strategy, representation, or drafting the complaint and motions, consult a licensed Indiana attorney familiar with partition and real property litigation.

Helpful links:

Indiana General Assembly — Title 32 (Property): https://iga.in.gov/legislative/laws/2023/ic/titles/32
Indiana Judicial Branch — Trial Rules: https://www.in.gov/judiciary/rules/trial-rules/
Find an Indiana court: https://www.in.gov/courts/find-a-court/

Remember: this is general information, not legal advice. A local Indiana attorney can evaluate your facts, identify all necessary parties and liens, and represent you in court if litigation is required.