Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Overview of Indiana Partition Actions
Under Indiana Code Title 32, Article 24, any co-owner of real estate may seek a court-ordered partition when co-tenants cannot agree on possession or use. A partition action divides or sells the property and allocates proceeds among the owners.
Step 1: Prepare and File the Complaint
• Identify all co-owners and describe the property by legal description.
• Draft a complaint under IC 32-24-1-1, stating the plaintiff’s undivided interest and requesting appointment of a commissioner.
• File the complaint in the Circuit or Superior Court of the county where the property sits.
Statute: IC 32-24-1-1
Step 2: Service of Process
Serve the summons and complaint on each co-owner in accordance with Indiana Trial Rule 4. Proper service ensures the court acquires jurisdiction over all parties.
Step 3: Appointment of Court-Appointed Commissioner
Once the complaint is on file, the court issues an order appointing a disinterested commissioner. The court specifies a deposit for commissioner fees, typically set by local rule or under IC 32-24-1-12. Parties must advance these costs before the commissioner begins work.
Step 4: Commissioner’s Investigation and Report
• The commissioner visits and inspects the property.
• Holds hearings or takes testimony about each party’s contributions, improvements, and liens.
• Prepares a written report proposing a division of parcels or a sale with a plan to distribute proceeds.
Statute: IC 32-24-1-11
Step 5: Objections and Court Hearing
After the report is filed, each party has 30 days to file exceptions (IC 32-24-1-14). If unrestricted, the court may confirm the report. If objections arise, the court holds a hearing to resolve disputes and may modify the commissioner’s recommendations.
Step 6: Final Decree and Conveyance
Once confirmed, the court enters a final decree dividing the property or ordering its sale. The commissioner then executes the deeds or sale documents, transferring title to each party in accordance with the decree.
Statute: IC 32-24-1-15
Alternative: Consent Partition
If all co-owners agree on how to divide or sell the property, they can submit a written agreement to the court. Under IC 32-24-1-12, the court may approve the agreement and enter a decree without a contested hearing. A commissioner may still be appointed to carry out the agreed plan and execute conveyances.
Helpful Hints
- Confirm you identify every recorded or unrecorded owner to avoid post-decree challenges.
- Use an accurate legal description; consider hiring a surveyor.
- Track service deadlines under Indiana Trial Rule 4 to preserve jurisdiction.
- Maintain records of all deposits paid for commissioner fees.
- Review the commissioner’s report promptly and file any objections within 30 days.
- Keep copies of all court orders and the final decree for title clearance.