How to Verify Your Percentage Ownership of Parents’ Real Property in Indiana
Disclaimer: This article provides general information about Indiana property processes only. It is not legal advice. For advice about a specific situation, consult a licensed Indiana attorney.
Detailed answer — step-by-step: how to confirm your ownership share
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Obtain the recorded deed and chain of title
Start at the county recorder’s office where the property is located. Deeds and other title documents (mortgages, releases, plats) are public records. Search by owner name, property address, or parcel number. Many counties post recordings online; otherwise request copies in person or by mail. You can find your county contact information at the State of Indiana county page: https://www.in.gov/core/find-your-county/.
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Read the deed language carefully
The deed itself normally controls ownership form and often the ownership shares. Key phrases to look for:
- “tenants in common” — owners hold divisible fractional interests that can be unequal if the deed states percentages; if the deed does not list percentages, the usual practical presumption is equal shares among co-owners named on the same deed, but read the instrument to be sure.
- “joint tenants” or “joint tenancy with right of survivorship” — this usually implies equal shares and that when one owner dies the survivors automatically inherit that owner’s share outside of probate.
- If the deed explicitly lists percentages or fractional interests (for example, “A — 50%, B — 50%” or “A — 2/3 and B — 1/3”), those numbers usually define each owner’s legal share.
If the deed names multiple grantees but does not state the tenancy type or splits, ownership often results in equal shares. If deed language is unclear, preserve a copy and proceed to the next steps.
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Check for other recorded documents that affect ownership
Look for later recorded deeds, quitclaim deeds, conveyances, releases, survivorship documents, divorce decrees, probate filings, trust instruments, or mortgage satisfactions. These instruments can change ownership percentages or ownership form. For example, a later quitclaim deed may transfer a portion of title from one owner to another.
Indiana statutes governing property and probate may be relevant; see the Indiana Code Title for real property and for probate: Indiana Code, Title 32 (Real Property) and Indiana Code, Title 29 (Probate).
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Obtain a title report or hire a title company
A professional title search (from a title company or abstractor) will compile the recorded chain of title, list liens and encumbrances, and summarize the ownership history. Title reports are particularly helpful when ownership history spans many years or when multiple transfers exist.
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If a co-owner has died, confirm survivorship or probate status
If one parent died, check whether the deed created a right of survivorship (joint tenants with right of survivorship). If so, the surviving owner may own the entire property automatically. If not, the decedent’s interest may have passed via a will or intestacy through probate. Check the county probate court records and the death certificate and look for any recorded probate documents.
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When ownership percentages are not written, use the deed plus evidence
If the deed omits percentages, legal ownership is often presumed equal among the named grantees unless there is clear language or other recorded instruments showing a different split. Evidence that can help establish unequal shares includes:
- A deed that specifically divides ownership (explicit fractions or percentages).
- A subsequent recorded conveyance transferring a defined fractional interest.
- Trust documents or recorded agreements allocating shares.
- Consistent, contemporaneous records (tax bills, mortgage documents, or escrow statements) showing how ownership or payments were allocated.
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Handle disagreements or unclear records
If ownership percentages remain uncertain, you have options:
- Hire a licensed Indiana real estate attorney to review the title history and advise on rights and remedies.
- Request a quiet title action in court to obtain a judicial declaration of ownership if a dispute cannot be resolved by agreement. (A court can declare who owns what percentage based on the evidence.)
- Consider mediation among heirs or co-owners to reach an agreed split before any sale.
Practical example calculations:
- Deed names two people as tenants in common and says nothing about percentages: usually treated as 50% / 50%.
- Deed names three people as tenants in common and lists no percentages: generally 33.33% each.
- Deed explicitly states one owner holds 2/3 and another holds 1/3 — those fractions control the legal ownership share.
Keep copies of every recorded document you find; those will form the legal proof of ownership shares.
Helpful hints
- Start with the county recorder’s office where the property sits. Recorded deeds control title.
- Exact deed language matters: look for “tenants in common,” “joint tenants,” or explicit percentage language.
- Record searches should include later instruments — deeds recorded after the original grant can change shares.
- If a parent has died, search the county probate records to see how the decedent’s interest passed.
- Use a title company or abstractor for a reliable chain-of-title summary when records are complex.
- If co-owners disagree, a quiet title action can provide a final, court-ordered resolution.
- Gather related documents: deeds, mortgages, property tax bills, trust instruments, wills, divorce records, and death certificates.
- Don’t rely solely on who paid the mortgage or taxes — legal title depends on recorded instruments, not payments alone.
- Keep timelines: obtaining deeds and title reports can take several days to a few weeks depending on county processes and whether you need certified copies.
- When in doubt, consult a licensed Indiana attorney experienced in real estate or probate law for personalized advice.