Detailed Answer

Short overview: When co-owners cannot agree about jointly owned real estate, one co-owner can ask a court to divide the property through a partition action. If the court finds a physical division is impractical or would cause unfairness, the court can order the property sold and the proceeds divided among the co-owners. The court supervises the sale and distribution to ensure liens and costs are paid first and each owner receives their lawful share.

Who can start the process?

Any person with an ownership interest in the property (tenants in common, joint tenants in some circumstances, or owners claiming an interest) may file a partition action in the appropriate Indiana trial court. The complaint must name all persons known to have an interest in the property and may include lienholders whose interests affect the property.

Key procedural steps (typical sequence under Indiana practice)

File a complaint for partition.

The plaintiff files a lawsuit asking the court to partition the property. The complaint should describe the property, state each party’s claimed interest, and request partition in kind (physical division) or, if necessary, partition by sale.
Service and notice.

All co-owners and known lienholders must be served with the complaint. Indiana rules require adequate notice so interested parties can appear and protect their rights.
Initial court steps and determination.

The court will decide whether partition in kind is feasible. If physical division would be impractical, unequitable, or would materially diminish value, the court typically orders partition by sale.
Appointment of commissioner or commissioner of sale.

The court often appoints a disinterested official (sometimes called a commissioner, referee, or special master) to handle valuation, marketing, and sale logistics. The commissioner reports back to the court and follows court directions for sale.
Valuation and setting terms.

The court or commissioner may have the property appraised and will set advertising and sale terms (reserve price, time/place of sale, whether sale is public auction or private sale). Creditors and lienholders get notice so they can assert claims.
Sale of the property.

Selling usually occurs by public auction under court supervision or by court-approved private sale. If a co-owner wants to buy the property, the court may permit that, subject to rules about fair price and disclosure.
Payment of costs and liens and distribution of proceeds.

Sale proceeds pay costs of the action (court fees, commissioner’s fees, advertising), satisfy recorded liens or mortgages in priority order, and then any surplus is divided among the owners according to their ownership shares. If proceeds are insufficient to satisfy a lien, the lienholder may pursue remaining remedies against owners as permitted by law.
Entry of final decree.

After disposition of proceeds and any disputes, the court enters a final decree confirming the sale and ordering distributions. That decree resolves the partition claim.

Possible complications to expect in Indiana

Mortgage and lien priorities: lienholders with recorded mortgages usually have priority over owners’ distribution. A sale generally must satisfy senior liens first.
Co-owner buyouts: a co-owner may attempt to purchase other owners’ interests. The court may require an appraisal to ensure the purchase price is fair.
Title defects or unknown claimants: hidden claims can delay sale or distribution until cleared.
Tax consequences: selling real estate generates tax consequences for owners; consult a tax professional.
Costs and delay: partition actions can take months and may be costly. Many disputes settle before a sale.

Where the law is written (statutes and court resources)

The Indiana Code governs property and procedures affecting real estate. For statutory language and to confirm current rules, consult the Indiana General Assembly website (Title 32, Property) and the Indiana courts website for local procedural requirements:

Typical timeline

While timelines vary, expect at least several months from filing to sale in straightforward cases. Appraisals, notice periods, scheduled auction dates, and time for objections and appeals can extend the process to a year or longer in contested matters.

Practical examples (hypothetical facts)

Example A: Three siblings own a vacation cabin as tenants in common. One sibling files a partition complaint after repeated disputes over use. The court orders partition by sale, appoints a commissioner, the property is appraised, marketed, sold at public auction, the mortgage is paid off, sale costs and the sheriff’s fees are paid, and the net proceeds are split among the siblings according to their ownership shares.

Example B: Two co-owners own a duplex and disagree about management. The court finds the duplex can be divided (each unit awarded to a different owner). The court issues a partition in kind. If in-kind division were impossible without unfairness, the court would instead order a sale.

Helpful Hints

Consider negotiation first: mediation or settlement can save time and legal fees. Courts often encourage settlements.
Collect documentation: deeds, mortgages, tax statements, insurance, and any written agreements among owners will speed the process and limit disputes.
Expect to pay costs: court fees, appraisal fees, commissioner fees, advertising, and attorney fees can reduce net proceeds.
Watch the chain of title: ensure all parties with recorded interests receive notice so the sale is not later challenged.
Think about tax and financing implications: if a co-owner buys the property, lenders and tax consequences matter—talk to a lender and tax advisor early.
Check local rules: county procedures (advertising requirements, sheriff sales, bid procedures) can vary—confirm with the local court clerk.
Consider a partition-by-tenancy-in-common deed or buyout agreement in advance: proactive agreements among co-owners can avoid litigation later.

Disclaimer: This information explains general Indiana practice and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Indiana attorney who handles partition and real estate matters.