Detailed answer: your rights and the usual legal path under Indiana law

When you inherit real property in Indiana together with one or more heirs, each heir generally owns an undivided interest in the whole property (commonly called a tenancy in common). That means each co‑owner has an equal right to possess and use the entire property, even if one person is living there. If one heir is living in the property and refuses to move or to agree to sell, you usually have these practical options:

1. Negotiate a buyout or voluntary sale.

   Often the fastest, least expensive solution is to negotiate. You (or the other heirs) can offer to buy out the occupant’s share based on an agreed valuation, or agree to list the property and split the proceeds after sale. Putting a written offer on the table — including how you propose to value the property and how closing will work — can lead to a voluntary resolution without court involvement.

2. Partition action: ask a court to divide or sell the property.

   If you cannot reach agreement, Indiana law allows a co‑owner to file a partition action asking the court to divide the property among the owners (partition in kind) or, if division is impracticable, to order a sale and divide the proceeds (partition by sale). A partition action forces a resolution even when one co‑owner refuses.

   Key points about partition:

   • The court will evaluate whether the property can be physically divided among owners. With a single house on one lot, courts frequently order a sale and divide the proceeds.
   • The court may appoint a commissioner or master to handle the sale, set terms, and distribute net proceeds to the owners according to their ownership shares after paying court costs, commissions, and liens.
   • After a judicial sale, the purchaser (which could be one of the heirs or a third party) receives clear title. The court’s order can also address possession—if the occupant still refuses to leave after the sale, the new owner can obtain possession through court orders executed by the sheriff.

   For general reference on Indiana law governing property and partition, see Indiana Code, Title 32 (Property): https://iga.in.gov/legislative/laws/2024/ic/titles/32

3. Consider eviction or ejectment only when appropriate.

   You cannot simply lock the occupant out or remove their belongings. Because co‑owners have a right to possession, ordinary eviction procedures aimed at tenants usually won’t apply unless the occupant’s status has changed (for example, they were previously a renter and a new ownership arrangement exists). If a court orders a sale and the occupant refuses to vacate after title transfers, the new owner may be able to obtain possession by court order.

4. Address liens, mortgages, taxes, and expenses.

   Outstanding mortgages, taxes, or liens on the property affect any sale. A partition sale typically pays those obligations from sale proceeds. If the occupant has been living there and not contributing to mortgage, insurance, property taxes, or maintenance, the court may consider claims for contribution when distributing proceeds.

What to expect procedurally and timing

A partition lawsuit generally starts by filing a complaint in the appropriate Indiana trial court asking for partition. The case timeline varies with complexity: expect several months at minimum and often longer if the parties contest valuation, liens, or the decision to sell. Costs include court fees, appraisal and sale expenses, attorneys’ fees (if requested and awarded), and any mortgage payoff or liens. The court may require an appraisal before ordering a sale.

Evidence and documentation you should gather

• Death certificate and the will or letters testamentary/administration (if probate is open).
• Deed showing ownership and how title is held (joint tenants, tenants in common, etc.).
• Mortgage statements, tax bills, insurance documents, and evidence of maintenance or expenses paid.
• Any written communications about offers to buy out or to sell the property.

Costs and risks

Litigation is more expensive and takes longer than negotiated solutions. A partition sale may result in a lower net price than a voluntary market sale because courts sometimes authorize auction sales. You also risk paying court costs and possibly the other party’s attorney fees if the court awards them.

When to consult an attorney

Talk to a probate or real property attorney if the occupant refuses reasonable offers, claims exclusive ownership, or if there are disputes over liens or contributions. An attorney can advise whether a buyout, mediation, or partition action best fits your facts and can prepare and file the necessary court papers. If you want to explore statutes and the formal procedures for partition and property claims, review the Indiana Code on property and civil remedies: https://iga.in.gov/legislative/laws/2024/ic/titles/32 and the civil procedure provisions at https://iga.in.gov/legislative/laws/2024/ic/titles/34

Important: this explanation summarizes typical Indiana procedures and options. Specific outcomes depend on precise facts, title language, liens, and local court practices.

Disclaimer: This is general information, not legal advice. Consult a licensed Indiana attorney about your specific situation before taking action.

Helpful Hints — quick checklist and practical tips

• Confirm title: order a title search or get a copy of the deed to verify ownership shares and liens.
• Document everything: keep written records of offers, payments, expenses, and communications with the occupant.
• Get an appraisal: a professional market appraisal provides a neutral basis for buyout offers or court valuation.
• Try mediation early: courts often look favorably on settlement efforts and mediation can save time and money.
• Estimate costs: include legal fees, appraisal, sale commissions, and any lien payoffs when comparing buyout vs. partition sale.
• Protect the property: secure insurance, pay taxes and mortgage installments to avoid tax liens or foreclosure that could reduce everyone’s share.
• Ask about contribution: if the occupant benefited by living there without paying expenses, you may have a claim for contribution when proceeds are divided.
• Prepare for delay: even a straightforward partition can take months; plan finance and housing accordingly.