Detailed answer — how this works in Indiana

Partition actions split ownership of real property when co‑owners cannot agree on use or division. When the property cannot conveniently be divided in kind, courts will order a sale and distribute proceeds among the owners. In Indiana, courts routinely use appointed officers (often called commissioners, referees, or special masters) to handle the mechanics of a sale — marketing, receiving offers, and closing — under the court’s supervision.

Key points about asking for a commissioner to handle a private sale:

• Request by motion: You must typically ask the court by motion for (1) an order directing a sale and (2) appointment of a commissioner or other officer to carry out the sale. The motion should explain why partition in kind is impracticable and propose sale terms.
• Form of sale — public vs. private: Courts often prefer a public sale (auction) because it helps ensure competitive bidding and a fair price. Still, Indiana courts will approve a private sale to a buyer (including a co‑owner or an outside buyer) if the court is satisfied the sale price and terms are fair and the process adequately protects all co‑owners’ interests.
• Court retains control and must confirm the sale: A commissioner does not have unilateral authority to transfer title. The commissioner carries out the sale subject to court supervision. The court will review and confirm the sale before final distribution. If the court finds collusion, unfairness, or that the sale price is unreasonably low, it can reject the sale.
• Disclosure and notice requirements: Because co‑owners’ rights are affected, the court will require proper notice to all parties and full disclosure of sale terms, any relationship between the buyer and seller, and any commission or fee arrangements. The court may also order an appraisal or independent valuation to evaluate the fairness of the private sale.
• Opportunity for overbidding: Many courts permit or require an overbid procedure at confirmation (sometimes by public auction after notice) so other buyers have a chance to submit higher bids. This protects co‑owners from being locked into a below‑market private deal.
• Fiduciary concerns and conflicts: If the proposed buyer is a co‑owner, family member, or someone connected to the party proposing the sale, the court will scrutinize the transaction more closely for conflicts or self‑dealing. Full disclosure is essential.

Statutory and procedural authority in Indiana:

• State law governing property and partition is in Indiana’s property code. See Title 32 of the Indiana Code for the statutory framework for property rights and transfers: https://iga.in.gov/legislative/laws/2024/ic/titles/032/.
• Procedural control over court practice (including appointment of officers and confirmation of sales) is governed by the Indiana judiciary’s rules and local trial‑court practice. See the Indiana Judiciary rules and resources page: https://www.in.gov/judiciary/.

Because procedures and local practices differ among Indiana trial courts, the judge will rely on statutory authority, court rules, and case law to decide whether to appoint a commissioner and whether to approve a specific private sale. The court’s main concern is protecting the equitable rights of all co‑owners and ensuring the sale is commercially reasonable.

Typical steps to ask the court to appoint a commissioner for a private sale

1. File a partition complaint or a motion in an existing partition case describing why partition in kind is impracticable.
2. Include a motion to appoint a commissioner or special officer and a proposed order spelling out the commissioner’s powers and duties (marketing, deadlines, authority to execute sale documents subject to court confirmation).
3. Attach the proposed purchase agreement for the private sale and full disclosures (buyer identity, relationship to parties, purchase price, financing contingencies, inspections, proposed closing date).
4. Ask the court for an appraisal or valuation if the price is not supported by market evidence, or be prepared with a recent neutral appraisal.
5. Serve all co‑owners and interested parties with notice and provide an opportunity to object or make overbids at the confirmation hearing.
6. Attend the confirmation hearing; be prepared to show why the sale is fair and in the best interest of all parties.

If the court approves the sale, the commissioner executes documents and the clerk oversees distribution of sale proceeds per the court order.

What judges look for before approving a private sale

• Evidence that sale terms are fair and reflect market value (appraisal, comparable sales).
• Full disclosure of buyer identity and any relationships or conflicts.
• Proper notice to all co‑owners and interested parties, with a chance to object or overbid.
• Procedural safeguards (e.g., a neutral marketing period, an overbid procedure, judicial confirmation) to prevent collusion and protect absent or dissenting owners.
• Assurance that proceeds will be distributed correctly and encumbrances addressed at closing.

Helpful hints

• Start with a neutral appraisal or broker opinion of value so the court has objective pricing information.
• Prepare a clear, written purchase agreement and full disclosure statements before filing your motion.
• Be transparent about any connections between buyer and seller; lack of disclosure can lead to rejection.
• Include an overbid procedure in your proposed order to reduce the chance the court rejects a private sale as noncompetitive.
• Check local court rules and calendar procedures — some counties have standing practices for partition sales and confirmations.
• If speed is important, explain why a private sale is necessary and how you will protect other owners’ interests.