2013 Indiana Code
TITLE 32. PROPERTY
ARTICLE 17. INTERESTS IN PROPERTY
CHAPTER 4. PARTITION PROCEEDINGS
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IC 32-17-4
Chapter 4. Partition Proceedings
IC 32-17-4-1
Compelling partition; defendants
Sec. 1. (a) The following persons may compel partition of land
held in joint tenancy or tenancy in common as provided under this
chapter:
(1) A person that holds an interest in the land as a joint tenant
or tenant-in-common either:
(A) in the person's own right; or
(B) as executor or trustee.
(2) If the sale of the estate of a decedent who held an interest in
the land as a joint tenant or tenant in common is necessary, the
decedent's administrator or executor.
(b) A trustee, an administrator, or an executor may be made a
defendant in an action for the partition of real estate to answer as to
any interest the trustee, administrator, or executor has in the real
estate.
As added by P.L.2-2002, SEC.2.
IC 32-17-4-2
Petition to partition; title search
Sec. 2. (a) A person described in section 1(a) of this chapter may
file a petition to compel partition in the circuit court or court having
probate jurisdiction of the county in which the land or any part of the
land is located.
(b) A petition filed under subsection (a) must contain the
following:
(1) A description of the premises.
(2) The rights and titles in the land of the parties interested.
(c) At the time a person files a petition under subsection (a), the
person shall cause a title search to be made regarding the land that is
the subject of the partition. The person shall file a copy of the results
of the title search with the court.
As added by P.L.2-2002, SEC.2. Amended by P.L.41-2012, SEC.2.
IC 32-17-4-2.5
Procedure for partition actions
Sec. 2.5. (a) Not later than forty-five (45) days after the court has
acquired jurisdiction over all the parties who have an interest in the
property that is the subject of the action, the court shall refer the
matter to mediation in accordance with the Indiana rules of
alternative dispute resolution.
(b) Except as provided in subsection (c), mediation of the case
may not begin until an appraiser files an appraisal report with the
court.
(c) If each party waives the appraisal of the property, the case may
move to mediation without the filing of an appraisal report.
(d) In its order referring the matter for mediation, the court shall
advise the parties:
(1) that the real or personal property will be sold if the parties
are unable to reach an agreement not later than sixty (60) days
after the order is issued; and
(2) that the parties may agree upon a method of the sale of the
property, and if the parties do not agree upon a method of the
sale of the property, the property may be sold at public auction
or by the sheriff under subsection (g).
(e) Except if the parties agree to waive the appraisal of the
property, not later than thirty (30) days after the court acquires
jurisdiction under subsection (a), the court shall appoint a licensed
real estate appraiser to appraise the property. The appraiser shall file
the appraisal with the court.
(f) After receiving the appraisal, the court shall notify the parties
of the appraised value of the property.
(g) If an agreed settlement is not reached in mediation or if the
parties agree upon a method of sale, the court shall not later than
thirty (30) days after the date the mediator files a report with the
court that the mediation was not successful, or the parties file their
agreement establishing the method of sale:
(1) order the property to be sold using the method that all the
parties agree upon; or
(2) order the parties to select an auctioneer to sell the property.
If the parties fail to select an auctioneer not later than thirty (30)
days after the court's order to select an auctioneer, the court
shall order the sheriff to sell the property in the same manner
that property is sold at execution under IC 34-55-6.
(h) At the time the court orders the property to be sold, the court
shall notify all lienholders and other persons with an interest in the
lien or property, as identified in the title search or lien search
required under IC 29-1-17-11 or section 2 of this chapter, of the sale.
The property must be sold free and clear of all liens and special
assessments except prescriptive easements, easements of record, and
irrevocable licenses, with any sum secured by a lien or special
assessment to be satisfied from the proceeds of the sale.
(i) The person who causes a title search to be conducted under
section 2 of this chapter or a title or lien search to be conducted
under IC 29-1-17-11 is entitled to reimbursement from the proceeds
of the sale.
(j) Any person who has paid a tax or special assessment on the
property is entitled to pro rata reimbursement from the proceeds of
the sale.
(k) Any person may advertise a sale under this section at the
person's own expense, but is not entitled to reimbursement for these
expenses.
(l) After deduction of the amounts described in subsections (h),
(i), and (j) and the reasonable expenses of the sale, the court shall
divide the proceeds of the sale among the remaining property owners
in proportion to their ownership interest.
(m) If a party having an ownership interest in the property
becomes the successful purchaser of the property either through
agreed settlement or through auction, that person shall be given a full
credit based on the percentage of the person's interest in the property
before the purchase.
(n) As used in this subsection, "real estate professional" has the
meaning set forth in IC 23-1.5-1-13.5. If the court has ordered that
some or all of the property be sold at auction and, at any time before
the property is sold at auction, all parties inform the court in writing
that they:
(1) wish to sell some or all of the property through a real estate
professional;
(2) have jointly selected a real estate professional; and
(3) have agreed upon a listing price for the property;
the court shall rescind its order that the property, or a part of the
property, be sold at auction and permit the property to be sold
through a real estate professional. If some or all of the property has
not been sold at the expiration of the listing agreement with the real
estate professional, upon petition by any party, the court shall order
the property to be sold at auction in accordance with subsection (h).
As added by P.L.41-2012, SEC.3.
IC 32-17-4-3
Repealed
(Repealed by P.L.41-2012, SEC.4.)
IC 32-17-4-4
Repealed
(Repealed by P.L.41-2012, SEC.5.)
IC 32-17-4-5
Repealed
(Repealed by P.L.41-2012, SEC.6.)
IC 32-17-4-6
Repealed
(Repealed by P.L.41-2012, SEC.7.)
IC 32-17-4-7
Repealed
(Repealed by P.L.41-2012, SEC.8.)
IC 32-17-4-8
Repealed
(Repealed by P.L.41-2012, SEC.9.)
IC 32-17-4-9
Repealed
(Repealed by P.L.41-2012, SEC.10.)
IC 32-17-4-10
Repealed
(Repealed by P.L.41-2012, SEC.11.)
IC 32-17-4-11
Repealed
(Repealed by P.L.41-2012, SEC.12.)
IC 32-17-4-12
Repealed
(Repealed by P.L.41-2012, SEC.13.)
IC 32-17-4-13
Repealed
(Repealed by P.L.41-2012, SEC.14.)
IC 32-17-4-14
Repealed
(Repealed by P.L.41-2012, SEC.15.)
IC 32-17-4-15
Repealed
(Repealed by P.L.41-2012, SEC.16.)
IC 32-17-4-16
Repealed
(Repealed by P.L.41-2012, SEC.17.)
IC 32-17-4-17
Repealed
(Repealed by P.L.41-2012, SEC.18.)
IC 32-17-4-18
Repealed
(Repealed by P.L.41-2012, SEC.19.)
IC 32-17-4-19
Repealed
(Repealed by P.L.41-2012, SEC.20.)
IC 32-17-4-20
Repealed
(Repealed by P.L.41-2012, SEC.21.)
IC 32-17-4-21
Repealed
(Repealed by P.L.41-2012, SEC.22.)
IC 32-17-4-22
(Repealed by P.L.41-2012, SEC.23.)
IC 32-17-4-23
Partition of fee and life estates
Sec. 23. A:
(1) person that owns:
(A) an undivided interest in fee simple in any lands; and
(B) a life estate in:
(i) the remaining part of the land; or
(ii) any part of the remaining portion of the land; or
(2) person that owns a fee in the land described in subdivision
(1) that is subject to the undivided interest in fee and the life
estate in the land;
may compel partition of the land and have the fee simple interest in
the land set off and determined in the same manner as land is
partitioned under Indiana law.
As added by P.L.2-2002, SEC.2.
IC 32-17-4-24
Repealed
(Repealed by P.L.41-2012, SEC.24.)
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