Sec. 4. (a) If:
(1) upon trial of any issue;
(2) upon default; or
(3) by consent of parties;
the court determines that partition should be made, the court shall
award an interlocutory judgment that partition be made to parties
who desire partition.
(b) In issuing a judgment under subsection (a), the court shall:

(1) specify the share assigned to each party; and
(2) take into consideration advancements to heirs of a person
dying intestate.
(c) If the court issues a judgment under subsection (a), any part of
the premises remaining after the partition belongs to the persons
entitled to the premises, subject to a future partition.
(d) If:
(1) upon trial of any issue;
(2) upon default; or
(3) by confession or consent of parties;
the court determines that the land for which partition is demanded
cannot be divided without damage to the owners, the court may order
the whole or any part of the premises to be sold as provided under
section 12 of this chapter.

As added by P.L.2-2002, SEC.2.

Indiana Lawyers

Theodoros & Rooth Indiana Personal Injury Lawyer.
Parr Richey Obremskey & Morton Indiana Injury Lawyer.

Last modified: May 24, 2006