Partition Action Complaint - Indiana

PETITION FOR PARTITION OF REAL PROPERTY

IN THE [______] [CIRCUIT / SUPERIOR] COURT

STATE OF INDIANA, COUNTY OF [______]

VERIFIED PETITION FOR PARTITION

Plaintiff [PLAINTIFF NAME], by counsel, and for Plaintiff's Verified Petition for Partition, states as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] is [an individual residing in / an entity organized under the laws of] [________________________________] and holds an interest in the Subject Property described below as a [joint tenant / tenant in common] in Plaintiff's own right. Ind. Code § 32-17-4-1.

2. Defendant [DEFENDANT NAME] is, upon information and belief, [an individual / entity] whose last known address is [________________________________] and is a cotenant of, or claims an interest in, the Subject Property.

3. The following persons hold or may claim an interest in the Subject Property, as shown by the filed title-search results. Identify each party to be joined and served; Ind. Code § 32-17-4-1(b) expressly permits a trustee, administrator, or executor to be a defendant as to that person's interest:

☐ [ADDITIONAL COTENANT], holder of an undivided [____] interest.
☐ [MORTGAGEE / LIENHOLDER], Instrument No. [____________].
☐ The administrator, executor, or trustee of the Estate of [__________], Cause No. [____________].
☐ Other interested person identified by the title search: [________________________________].

4. This Court has subject-matter jurisdiction under Ind. Code § 32-17-4-2(a), which authorizes a petition to compel partition in the circuit, superior, or probate court of the county in which the land or any part of the land is located.

5. Venue is proper in [______] County because the Subject Property (or part thereof) is located therein. Ind. Code § 32-17-4-2(a).

II. THE SUBJECT PROPERTY

6. The real property at issue (the "Subject Property") is located at [________________________________], [______] County, Indiana, and is described as follows (Ind. Code § 32-17-4-2(b)):

[INSERT FULL LEGAL DESCRIPTION]

Parcel / Key Number: [____________]
Instrument No. / Recording Reference: [____________]
Commonly Known As: [________________________________]

7. Contemporaneously with the filing of this Petition, Plaintiff has caused a title search to be made regarding the Subject Property and files a copy of the results with the Court, as required by Ind. Code § 32-17-4-2(c).

III. NATURE OF TITLE AND COTENANCY SHARES

8. The Subject Property is held by the parties in [joint tenancy / tenancy in common], in the following undivided shares (Ind. Code § 32-17-4-2(b)(2)):

9. Plaintiff acquired Plaintiff's interest by:

☐ Warranty Deed / Quitclaim Deed from [__________] dated [__/__/____], recorded as Instrument No. [____________].
☐ Intestate succession / devise from the Estate of [__________], Cause No. [____________].
☐ Other: [________________________________].

IV. ENTITLEMENT TO PARTITION

10. The parties hold the Subject Property in undivided shares and can no longer hold and enjoy it in common to their mutual advantage. Plaintiff desires to sever Plaintiff's interest and is entitled to compel partition under Ind. Code § 32-17-4-1.

V. STATUTORY APPRAISAL, MEDIATION, AND SALE PROCESS

11. The parties [have / have not] agreed to waive appraisal of the Subject Property. If they have not all waived it, Plaintiff requests appointment of a licensed real estate appraiser no later than thirty (30) days after the Court acquires jurisdiction over all interested parties. Ind. Code § 32-17-4-2.5(c), (e).

12. Plaintiff requests that the Court proceed under Ind. Code § 32-17-4-2.5, including:

☐ Referral to mediation no later than forty-five (45) days after jurisdiction over all interested parties is acquired;
☐ An appraisal report before mediation begins unless every party waives appraisal; and
☐ Notice in the mediation order that the property will be sold if no agreement is reached within sixty (60) days after that order, and that the parties may agree on a sale method.

13. The parties propose the following possible settlement or sale method for mediation: [________________________________].

VI. SALE PROCEEDS AND CLAIMED REIMBURSEMENTS

14. Plaintiff requests that the Court identify the following documented amounts for treatment under Ind. Code § 32-17-4-2.5(h)-(l):

15. Section 2.5(i) reimburses the person who caused the required title search from sale proceeds; subsection (j) provides pro rata reimbursement for a person who paid a tax or special assessment on the property. Plaintiff requests distribution after the deductions and sale expenses specified in subsection (l).

16. Any other asserted claim among cotenants is identified separately with its legal basis and proof: [________________________________].

17. If a party with an ownership interest purchases the property by settlement or auction, Plaintiff requests the ownership credit specified in subsection (m), if applicable.

VII. SALE PROCEDURE AND INTERESTED PERSONS

18. If mediation does not produce a settlement, Plaintiff requests a sale order under Ind. Code § 32-17-4-2.5(g): use a method agreed by all parties or direct selection of an auctioneer; if the parties fail to select an auctioneer within thirty (30) days after the selection order, direct a sheriff's sale. At the time of the sale order, Plaintiff requests notice to lienholders and other interested persons identified by the title search, as subsection (h) requires.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Determine the respective rights, titles, interests, and shares of the parties in the Subject Property;

B. Appoint a licensed appraiser within the statutory period unless all parties waive appraisal, and refer the matter to mediation under Ind. Code § 32-17-4-2.5;

C. Approve any settlement reached by the interested parties through mediation;

D. If mediation does not result in settlement, order sale through a method agreed by all parties or the auctioneer-and-sheriff procedure in § 32-17-4-2.5(g), and distribute proceeds under subsection (l);

E. Notify lienholders and other interested persons identified by the title search when entering a sale order under subsection (h);

F. Award the title-search and tax or special-assessment reimbursements provided by subsections (i) and (j), and apply any purchase credit under subsection (m);

G. Resolve any other pleaded, proven claim among the cotenants under its applicable legal basis; and

H. Grant such other and further relief as the Court deems just and proper.

VERIFICATION

STATE OF INDIANA

COUNTY OF [______]

I, [PLAINTIFF NAME], being first duly sworn upon my oath, depose and state that I am the Plaintiff in the above-captioned action; that I have read the foregoing Verified Petition for Partition and know the contents thereof; and that the same is true to my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [__________], 20[____].

_________________________________
Notary Public
Indiana County of Commission (or Indiana County of Primary Employment, if applicable): [______]
My commission expires: [__/__/____]

[NOTARY SEAL]

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
Indiana Attorney No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff

SOURCES AND REFERENCES

• Indiana Code 2026, IC 32-17-4-1, -2, and -2.5
• Indiana Trial Rule 4 (Process)
• Indiana Trial Rule 8 (Pleading)
• Indiana Trial Rule 5 (Service and Filing)
• Indiana Trial Rule 86 (Electronic Filing and Service)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Indiana partition proceeds under Ind. Code §§ 32-17-4-1, -2, and -2.5. A title search must be filed with the petition; appraisal may be waived only by all parties. Consult a licensed Indiana attorney before filing.

CERTIFICATE OF SERVICE

I certify that on the date below, a copy of this Petition was served on counsel or parties already entitled to service in this case by the selected method. Initial service on any new defendant requires summons and petition under Indiana Trial Rule 4; record that process in the clerk's return of service.

☐ IEFS E-Service to a registered user;
☐ Mail or carrier service by a method for which a receipt may be requested and obtained, postage prepaid;
☐ Other method authorized by the applicable rule or court order: [________________________________],

addressed as follows:

[SERVICE LIST WITH NAMES AND ADDRESSES]

Dated: [__/__/____]

_________________________________
[ATTORNEY NAME], Indiana Attorney No. [____________]
Attorney for Plaintiff