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 are joined as Defendants because each holds or may claim an interest, lien, or encumbrance in the Subject Property (Ind. Code § 32-17-4-1(b)):

☐ [ADDITIONAL COTENANT], holder of an undivided [____] interest.
☐ [MORTGAGEE / LIENHOLDER], Instrument No. [____________].
☐ The administrator, executor, or trustee of the Estate of [__________], Cause No. [____________].
☐ All unknown owners, heirs, and persons claiming any right, title, lien, or interest in the Subject Property.

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. PARTITION IN KIND vs. SALE

11. Partition in kind (preferred). The Subject Property [can / cannot] be divided in kind among the cotenants according to their respective interests without manifest prejudice.

12. Statutory mediation, appraisal, and sale. Plaintiff acknowledges and requests that the Court proceed under Ind. Code § 32-17-4-2.5, including:

☐ Appointment of a licensed real estate appraiser to appraise the Subject Property within thirty (30) days after the Court acquires jurisdiction over all interested parties (unless all parties waive appraisal);
☐ Referral of the matter to mediation within forty-five (45) days after the Court acquires jurisdiction over all interested parties; and
☐ If no agreed settlement is reached within sixty (60) days, sale of the Subject Property by a method agreed upon by the parties, or at public auction, or by the sheriff in the manner of an execution sale under IC 34-55-6, with the net proceeds distributed among the cotenants according to their respective interests.

13. The Subject Property [consists of a single residence on a [____]-acre parcel / is unimproved acreage / other: ______], and the following facts bear on whether division in kind is practicable: [________________________________].

VI. ACCOUNTING AMONG COTENANTS

14. An accounting is necessary to adjust the equities among the cotenants. Plaintiff requests that, in connection with the partition or the distribution of sale proceeds, the Court credit and charge the cotenants as follows:

15. Contribution. A cotenant who has advanced more than their proportionate share of taxes, mortgage debt, insurance, and necessary preservation expenses is entitled to contribution and an equitable credit against the shares of the other cotenants.

16. Ouster / rents offset. [Defendant has been in sole and exclusive possession of the Subject Property since [__/__/____] and has excluded Plaintiff therefrom, entitling Plaintiff to a credit for the reasonable rental value of Plaintiff's share / Defendant has collected rents from third parties for which Defendant must account].

17. Owelty. If any partition in kind cannot be made in exact proportion to the parties' interests, Plaintiff requests that the Court direct an equalizing money payment (owelty) so that the division is just and proportionate in value.

VII. APPOINTMENT OF COMMISSIONERS

18. To the extent the matter proceeds to partition or sale, Plaintiff requests that the Court appoint commissioners pursuant to Ind. Code § 32-17-4-3 et seq. to make partition of the Subject Property in kind where practicable, with owelty as needed, or to conduct or oversee the sale and report the proceeds to the Court for distribution.

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. Order an appraisal and refer the matter to mediation in accordance with Ind. Code § 32-17-4-2.5;

C. Order partition of the Subject Property in kind among the cotenants according to their respective interests, with owelty as needed;

D. Alternatively, if partition in kind cannot be made without manifest prejudice, or if mediation does not result in an agreed settlement, order the Subject Property sold (by an agreed method, public auction, or the sheriff) and the net proceeds distributed among the cotenants according to their respective interests;

E. Appoint commissioners to effect the partition or sale and report to the Court;

F. Take and state an accounting among the cotenants and award credits, charges, contribution, and offsets as set forth above;

G. Apportion the costs of partition, including reasonable attorney's fees and commissioners' fees, among the parties in proportion to their interests pursuant to Ind. Code § 32-17-4-15; and

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

VERIFICATION

STATE OF INDIANA )
) ss.
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
County of Residence: [______]
My commission expires: [__/__/____]

[NOTARY SEAL]

Respectfully submitted,

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

CERTIFICATE OF SERVICE

I hereby certify that on the date noted below, a true and correct copy of the foregoing VERIFIED PETITION FOR PARTITION was served upon the following parties (or their counsel of record) by the method(s) indicated:

☐ Service of summons pursuant to Ind. Trial Rule 4;
☐ U.S. Mail, first-class postage prepaid;
☐ Service by publication as to unknown or unlocatable parties (Ind. Trial Rule 4.13);
☐ The Indiana E-Filing System (IEFS),

addressed as follows:

[SERVICE LIST WITH NAMES AND ADDRESSES]

Dated: [__/__/____]

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

SOURCES AND REFERENCES

• Ind. Code § 32-17-4-1 (Persons Who May Compel Partition; Defendants) — https://codes.findlaw.com/in/title-32-property/in-code-sect-32-17-4-1/
• Ind. Code § 32-17-4-2 (Petition to Partition; Title Search) — https://law.justia.com/codes/indiana/title-32/article-17/chapter-4/section-32-17-4-2/
• Ind. Code § 32-17-4-2.5 (Mediation; Appraisal; Sale Procedure) — https://codes.findlaw.com/in/title-32-property/in-code-sect-32-17-4-2-5/
• Ind. Code § 32-17-4-3 et seq. (Commissioners; Partition; Sale)
• Ind. Code § 32-17-4-15 (Costs of Partition; Apportionment)
• Ind. Trial Rule 4 (Process); Ind. Trial Rule 8 (Pleading)

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 et seq.; a title search must accompany the petition, and IC 32-17-4-2.5 requires a court-ordered appraisal and mediation before sale. Indiana has not adopted the Uniform Partition of Heirs Property Act. Consult a licensed Indiana attorney before filing.