Purpose: This FAQ-style guide explains how a co-owner can compel the sale of real property held with another co-owner under Indiana law, how the court process typically works, and practical steps to take before and after filing. It uses general hypothetical facts and plain language to help you decide whether to consult a local attorney.
Disclaimer: This is general information, not legal advice. Laws change and every case is different. Consult a licensed Indiana attorney for advice tailored to your situation.
Detailed answer — Forcing a sale of jointly owned real estate in Indiana
Under Indiana law, a person who owns real property as a tenant in common or joint tenant may ask the court to partition the property. If the court finds partition in kind is impractical or inequitable, the court may order the property sold and divide the proceeds among the owners. See Indiana Code Chapter on Partition (IC 32-24): https://iga.in.gov/legislative/laws/2023/ic/titles/32#32-24.
Who can file
Any co-owner with a present ownership interest (for example, a tenant in common) may file a partition action. If the property remains titled in the deceased owner’s name and has not been transferred through probate or a deed, you may need to resolve title first or bring the executor or administrator into the case.
Preliminary checks before filing
- Confirm current title. Check the county recorder’s records to verify how ownership is held (joint tenancy with right of survivorship vs. tenants in common).
- Confirm whether the property sits inside an open probate estate. If the decedent’s estate has not been fully administered, you may need to work through probate or involve the personal representative.
- Collect documents: deed, mortgage statements, property tax records, recent appraisal or listing, and any evidence of payments or improvements by each co-owner.
Typical court process (step by step)
- File a complaint for partition in the county where the property is located. The complaint names all owners and any lienholders or interested parties.
- Serve the other co-owner(s) and interested parties with the complaint and summons per Indiana civil procedure rules.
- The court may schedule a hearing. If parties agree, the court can order partition in kind (physically dividing land) or a buyout (one owner pays the others’ shares).
- If physical division is impractical or would unfairly reduce value (typical for a single-family house), the court can order sale of the property and division of net proceeds.
- The court often appoints commissioners or a special master to handle appraisal, marketing, and sale. The court supervises distribution after paying liens, costs, and taxes.
What the court considers
The judge weighs whether partition in kind is practical and whether a sale would produce a fair result. The court also considers liens, unpaid taxes, and contributions for mortgage, taxes, or improvements. Courts try to divide value equitably.
Timing and costs
Partition actions can take several months to over a year depending on complexity. Expect filing fees, costs for appraisals, commissions on sale, and attorneys’ fees. The court may allocate costs between parties or charge them from sale proceeds.
Alternatives to immediate litigation
- Negotiate a buyout: one co-owner pays the other(s) fair market value for their share.
- Mediation: use a neutral mediator to reach a settlement on sale timing, price, or buyout terms.
- Agree to list and sell cooperatively: jointly hire a broker and split proceeds by agreement.
Special practical issues when a co-owner is the decedent’s heir
If the deceased owner’s interest passed to heirs but title still shows the decedent, you may need to resolve the probate estate before an unencumbered partition/sale. If a personal representative still holds legal title on behalf of the estate, include the estate or representative in the action. Consult the probate statutes or a probate attorney for coordination with partition relief.
What to expect after the sale
The court orders sale proceeds distributed after paying mortgages, liens, taxes, court costs, commissions, and necessary reimbursements (for example, one owner’s payment of mortgage or repairs). The remainder is divided according to ownership shares.
When to get an attorney
Seek an Indiana real estate litigator if parties disagree, title issues exist, the estate is unsettled, or you need help ensuring a fair accounting of contributions and liens. An attorney can assist with pleadings, negotiation, and court representation.
Helpful hints
- Start by checking the recorder’s deed records to confirm how title is held.
- If probate is open, contact the personal representative before filing a partition action.
- Document who paid mortgages, taxes, and improvements — the court may reimburse contributions before dividing proceeds.
- Attempt a negotiated buyout or mediation before court to save time and expense.
- Get a current market appraisal to support buyout offers or court valuation.
- Know that a forced sale usually produces less than cooperative sales. Consider whether a buyout or negotiated listing makes more financial sense.
- Ask about temporary possession or rent: courts may address who occupies or rents the property while litigation proceeds.
- Consult a local attorney early if liens, mortgages, or tax debts could consume sale proceeds.