Indiana: Forcing the Sale of an Inherited Parcel (Partition Action Overview)

Short answer

If one co‑owner of inherited property won’t list or sell, a co‑owner can file a partition action in the county where the property is located. The court can order a physical division (partition in kind) if practical, or it can order a sale and divide the proceeds among owners. Expect court costs, attorney fees, and possible delay. See Indiana statutory rules on partition in Title 32 of the Indiana Code: https://iga.in.gov/legislative/laws/2024/ic/titles/032.

Detailed answer — how this works under Indiana law

1. Who can bring a partition action?

Any owner of an estate in real property (including heirs who received property by will or intestacy) may petition the court to partition the land when co‑owners disagree about possession or sale. If the decedent’s estate is not yet closed, consult probate status first: see Title 29 (Probate) for estate administration rules: https://iga.in.gov/legislative/laws/2024/ic/titles/029.

2. Filing the partition action

You file a civil petition for partition in the county court (typically the circuit or superior court) where the property sits. The petition names all record owners and states the ownership shares and requested relief (division in kind or sale).

3. Partition in kind vs. sale

The court first considers whether the property can be fairly divided physically (partition in kind). If that is practical without unfairly harming owners or lowering value, the court may divide the land. If physical division is impractical, inequitable, or impossible, the court may order a sale and split the proceeds by ownership share after liens, taxes, costs, and allowed fees are paid.

4. How sale happens

The court typically appoints a commissioner, special master, or a trustee to sell the property — either via public auction or by approving a negotiated sale. The sale proceeds are held, liens and expenses are paid, and the net proceeds are distributed to owners according to their shares.

5. Possible alternatives before filing

• Negotiate a buyout: offer a price to buy the other owner’s share.
• Mediation: use a neutral mediator to reach agreement without court.
• Demand letter: a formal written demand may prompt cooperation.

6. Costs, timeline, and practical effects

Partition cases require court filings, possible service of process on all owners, hearing dates, and a commissioner’s sale. Expect months to over a year depending on complexity. Court costs, attorney fees, and sale costs will reduce the net proceeds. A court‑ordered sale clears competing ownership claims (subject to liens) because the court distributes proceeds and issues necessary orders to transfer the property free of co‑owner claims.

7. Liens, mortgages, and executors

If the property has a mortgage or liens, these are paid from the sale proceeds. If the property is still in probate or an estate representative (personal representative) controls it, you may need the representative’s involvement or a court order to pursue partition.

8. When is a partition not the best option?

If the property is sentimental, has special use, or splitting would destroy value (for example, a single-family home on a single lot), a negotiated buyout or sale by agreement often gives better results and lower costs than a court sale.

Step‑by‑step checklist

1. Confirm ownership: obtain a copy of the deed and any will or estate documents.
2. Check for liens and mortgages on the property and note outstanding taxes.
3. Try negotiation: send a clear written offer to buy the co‑owner’s share or propose mediation.
4. If negotiation fails, prepare to file a partition petition in the county where the land sits. The petition should name all owners and ask the court to divide or sell and distribute proceeds.
5. Attend hearings; the court may appoint a commissioner or set sale procedures.
6. After sale, ensure liens and costs are paid and that net proceeds are distributed according to ownership shares.

Helpful Hints

• Gather documents early: deed, will, probate filings, mortgage statements, tax bills, and insurance policies.
• Get a professional appraisal before filing; an accurate value helps in settlement talks and court decisions.
• Consider the timing: selling in a slow market can lower proceeds; a negotiated sale lets you choose listing strategy and timing.
• Mediation can save time and money and preserve family relationships.
• Be prepared for costs: legal fees, court costs, and commissioner sale fees will come out of proceeds.
• If one co‑owner is in the military or incapacitated, special rules may apply — check probate status and ability to be served with process.
• Ask your county court clerk about local rules and forms for partition cases; procedures and required filings vary by county.