Disclaimer: This article is for general information only and does not constitute legal advice.
Detailed Answer
In Indiana, co-owners can force a division or sale of property through a partition action under Indiana Code Title 32, Article 17 (IC 32-17). Follow these steps:
- Verify Ownership and Property Details
Order a title search or review existing deeds to confirm all co-tenants. Obtain the legal description of the parcel from the county recorder’s office. - Attempt an Amicable Agreement
Invite relatives to discuss dividing the land or selling it and splitting proceeds. Courts favor voluntary settlements. - Prepare the Petition
Draft a petition stating each owner’s name, interest share, and desired relief: partition in kind (physical division) or sale. Cite Indiana Code Title 32, Article 17. - File in the Proper Court
Submit the petition and required filing fee to the circuit or superior court in the county where the land lies. The court clerk assigns a cause number. - Serve Co-owners
Provide each co-tenant with a copy of the petition and summons following Indiana Trial Rule 4.4. See IC 32-17-6-1 for partition notice requirements. - Attend the Initial Hearing
The judge reviews pleadings, confirms service, and may appoint a commissioner to assess the land’s value and recommend division or sale terms. - Appraisal and Commissioner’s Report
A court-appointed appraiser values the property. The commissioner files a report describing how to divide or sell the parcel. - Objections and Final Order
Co-owners can object to the report within the deadline. The court holds a hearing, issues a final order, and directs either physical division or sale at public auction. - Distribution of Proceeds or Title Transfer
If the court orders a sale, it supervises the auction. After costs, the clerk disburses proceeds to co-tenants based on ownership shares. If in kind, the clerk issues deeds transferring divided plots.
Helpful Hints
- Review county court local rules for additional filing requirements and fees.
- Gather all deeds, wills, or trust documents before drafting the petition.
- Consider mediation to reduce costs and preserve family relationships.
- Use a licensed surveyor to prepare accurate maps for in-kind divisions.
- Keep communication open with co-tenants to minimize disputes and objections.
- Track deadlines for objections and appeals to avoid waiving rights.