Ind. Code » Title 32
Indiana Code

Ind. Code § 32-17-4-2 (2026)

Petition to partition; title search

✓ current as of May 2026
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     Sec. 2. (a) A person described in section 1(a) of this chapter may file a petition to compel partition in the circuit court, superior court, or probate 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.

[Pre-2002 Recodification Citation: 32-4-5-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.41-2012, SEC.2; P.L.84-2016, SEC.134.

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2026 · leading case: Daniel N. Boggs v. Brenda Williams (Ind. Ct. App. 2026).
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Daniel N. Boggs v. Brenda Williams (Ind. Ct. App. 2026). · cites it 7× “Court of Appeals of Indiana | Opinion 25A-PL-3279 | April 29, 2026 Page 7 of 13 [12] Ind. Code § 32-17-4-2 (b) provides that a petition to compel partition must contain “(1) A description of the premises.”
Ginger Hallett (nee Louder) v. Jill E. Newlin, Gregory N. Kinworthy, & Robert C. Kinworthy, II (mem. dec.) (Ind. Ct. App. 2020). · cites it 4× “See Ind. Code § 32-17-4-2 .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…”
Stephen W. Marvel & Debria Marvel v. Jason Althoff, Erin Althoff & Gene O. Dorsey (mem. dec.) (Ind. Ct. App. 2016). · cites it 2× “Ind. Code § 32-17-4-2 (emphasis added). [11] The Marvels read these statutes to mean that they may petition the trial court to partition the farm because they and the Althoffs are tenants in common.”
Stardust Dev., LLC v. Randy Cassady (Ind. Ct. App. 2013). · cites it 2× “See generally Ind. Code § 32-17-4-2 .5(a) (requiring mediation).”
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