Indiana Code
Ind. Code § 32-17-4-12 (2026)
Repealed
✓ current as of May 2026
[Pre-2002 Recodification Citation: 32-4-5-13.]
As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.13.
Notes of Decisions
Cited in 7
cases, 2004–2011 · leading case: Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005).
Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005). “The [Property] can not be divided without damage to the owners and the Court hereby orders the sale of the [Property] on terms and conditions prescribed herein as authorized under Ind.Code § 32-17-4-12; 2. The Court shall appoint a licensed real estate broker to serve as…”
Hay v. Hay, 885 N.E.2d 21 (Ind. Ct. App. 2008). “The parties agreed the land cannot be divided without damage, and the trial court ordered the sale of the property- Referencing Indiana Code Section 32-17-4-12(a), 3 which permits the trial court to “order the whole or any part of the land to be sold,” Kenneth claims that the…”
Ark Land Co. v. Harper, 599 S.E.2d 754 (W. Va. 2004). “§ 5/17-101 (West 2003); Ind.Code Ann § 32-17-4-12 (Lexis 2002); Iowa Code Ann.”
Mikel v. Johnston, 907 N.E.2d 547 (Ind. Ct. App. 2009). “Indiana Code section 32-17-4-12 ("Section 12") provides that "[ilf the commissioners report to the court that the whole or part of the land of which partition is demanded cannot be divided without damage to the owners, the court may order the whole or any part of the land to be…”
Mayfair Inv. Corp. v. Bryant, 922 N.E.2d 123 (Ind. Ct. App. 2010). “"); Ind.Code § 32-17-4-12. Indeed, "even faced with the possibility the land might be worth less if divided, the trial court still [has] discretion to order a division rather than a sale.”
Giltner v. Ivers, 954 N.E.2d 1035 (Ind. Ct. App. 2011). “at 30 (commissioners were instructed to report “whether the Subject Property can be fairly physically divided as between the 20% interest hold and the 80% interest holders, and if so how the division should be made”) (emphasis added); Ind.Code § 32-17-4-12 (setting out…”
Keller v. Keller, 878 N.E.2d 525 (Ind. Ct. App. 2007). “In such cases, Indiana Code § 32-17-4-12(a) gives the trial court discretion to “order the whole or any part of the land to be sold at public or private sale on terms and conditions prescribed by the court.”
— Ind. Code § 32-17-4-12(a) — 5 cases
Hay v. Hay, 885 N.E.2d 21 (Ind. Ct. App. 2008). “The parties agreed the land cannot be divided without damage, and the trial court ordered the sale of the property- Referencing Indiana Code Section 32-17-4-12(a), 3 which permits the trial court to “order the whole or any part of the land to be sold,” Kenneth claims that the…”
Mayfair Inv. Corp. v. Bryant, 922 N.E.2d 123 (Ind. Ct. App. 2010). “"); Ind.Code § 32-17-4-12. Indeed, "even faced with the possibility the land might be worth less if divided, the trial court still [has] discretion to order a division rather than a sale.”
Mikel v. Johnston, 907 N.E.2d 547 (Ind. Ct. App. 2009). “Indiana Code section 32-17-4-12 ("Section 12") provides that "[ilf the commissioners report to the court that the whole or part of the land of which partition is demanded cannot be divided without damage to the owners, the court may order the whole or any part of the land to be…”
Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005). “The [Property] can not be divided without damage to the owners and the Court hereby orders the sale of the [Property] on terms and conditions prescribed herein as authorized under Ind.Code § 32-17-4-12; 2. The Court shall appoint a licensed real estate broker to serve as…”
Keller v. Keller, 878 N.E.2d 525 (Ind. Ct. App. 2007). “In such cases, Indiana Code § 32-17-4-12(a) gives the trial court discretion to “order the whole or any part of the land to be sold at public or private sale on terms and conditions prescribed by the court.”
— Ind. Code § 32-17-4-12(b) — 1 case
Mikel v. Johnston, 907 N.E.2d 547 (Ind. Ct. App. 2009). “Indiana Code section 32-17-4-12 ("Section 12") provides that "[ilf the commissioners report to the court that the whole or part of the land of which partition is demanded cannot be divided without damage to the owners, the court may order the whole or any part of the land to be…”
— Ind. Code § 32-17-4-12(d) — 1 case
Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005). “The [Property] can not be divided without damage to the owners and the Court hereby orders the sale of the [Property] on terms and conditions prescribed herein as authorized under Ind.Code § 32-17-4-12; 2. The Court shall appoint a licensed real estate broker to serve as…”
— Ind. Code § 32-17-4-12(d)(1) — 1 case
Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005). “The [Property] can not be divided without damage to the owners and the Court hereby orders the sale of the [Property] on terms and conditions prescribed herein as authorized under Ind.Code § 32-17-4-12; 2. The Court shall appoint a licensed real estate broker to serve as…”
— Ind. Code § 32-17-4-12(d)(2) — 1 case
Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005). “The [Property] can not be divided without damage to the owners and the Court hereby orders the sale of the [Property] on terms and conditions prescribed herein as authorized under Ind.Code § 32-17-4-12; 2. The Court shall appoint a licensed real estate broker to serve as…”
— Ind. Code § 32-17-4-12(h) — 1 case
Buck v. Grube, 833 N.E.2d 110 (Ind. Ct. App. 2005). “The [Property] can not be divided without damage to the owners and the Court hereby orders the sale of the [Property] on terms and conditions prescribed herein as authorized under Ind.Code § 32-17-4-12; 2. The Court shall appoint a licensed real estate broker to serve as…”
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