Bill Text: IN SB0543 | 2011 | Regular Session | Amended
Bill Title: Partition.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Judiciary [SB0543 Detail]
Download: Indiana-2011-SB0543-Amended.html
Citations Affected: IC 29-1; IC 32-17.
Synopsis: Partition. Establishes a new procedure for partitioning real
and personal property that: (1) requires a court to refer the matter to
mediation; and (2) requires the court to order the property sold at
auction if the parties are not able to reach an agreement during
mediation. Repeals superseded provisions.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
February 7, 2011, reported favorably _ Do Pass.
February 14, 2011, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
property.
commissioner to partition the property, who shall have the powers and
perform the duties of a commissioner in civil actions for partition, and
the court shall have the same powers with respect to the commissioner's
report as in civil actions. If equal partition cannot be had between the
parties without prejudice to the rights or interests of some, partition
may be made in unequal shares and by awarding judgment for
compensation to be paid by one (1) or more parties to one (1) or more
of the others. Any two (2) or more parties may agree to accept
undivided interests. Any sale under this section shall be conducted and
confirmed in the same manner as other probate sales. The expenses of
the partition, including reasonable compensation to the commissioner,
shall be equitably apportioned by the court among the parties. Each
party must pay the party's own attorney's fees. The amount charged to
each party constitutes a lien on the property allotted to the party. The
person who files for partition shall conduct a title search with the
bureau of motor vehicles (if the personal property is titled) or a
search for liens under the Uniform Commercial Code (if the
personal property is not titled). The person shall file a copy of the
results of the search with the court.
(b) If a distribution of particular assets of a decedent is to be made
to two (2) or more distributees that are entitled to receive fractional
shares in the assets, the decedent's personal representative may, under
an agreement among the distributees, distribute the particular assets
without distributing to each distributee a pro rata share of each asset.
However, the personal representative shall:
(1) distribute to each distributee a pro rata share of the total fair
market value of all the particular assets as of the date of
distribution; and
(2) divide the assets in a manner that results in a fair and
equitable division among the distributees of any capital gain or
loss on the assets.
(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 this chapter, 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.
(b) If:
(1) less than sixty (60) days after the date the order was issued under subsection (a), the parties report to the court that they are unable to reach an agreement concerning some or all of the property; or
(2) the parties have not reached an agreement concerning some or all of the property not later than sixty (60) days after the order was issued under subsection (a);
the court shall immediately order the property sold at auction and the proceeds divided. If the parties have reached an agreement concerning part of the property, the court shall order the sale at auction of only those parcels or items of property with respect to which an agreement has not been reached.
(c) If the court orders the property sold at auction, the court shall grant the parties thirty (30) days after the date of the order to select an auctioneer. If the parties are unable to select an auctioneer not more than thirty (30) days after the court orders the property to be sold, the court shall order the sheriff to sell the property in the same manner that property is sold at execution under IC 34-55-6.
(d) The court shall order the property to be sold not earlier than thirty (30) or more than sixty (60) days after the date on which:
(1) the parties select an auctioneer; or
(2) the court orders the sheriff to sell the property;
whichever is applicable.
(e) At the time the court orders the property to be sold, the court shall notify all lienholders and other persons with an interest in the lien or property, as identified in the title search required under IC 29-1-17-11 or section 2 of this chapter, of the sale. The property shall be sold free and clear of all liens and special assessments except prescriptive easements and easements of record, with any sum secured by a lien or special assessment to be
satisfied from the proceeds of the sale.
(f) The person who causes a title search to be conducted under
section 2 of this chapter or a lien search under IC 29-1-17-11 is
entitled to indemnification from the proceeds of the sale.
(g) Any person who has paid a tax or special assessment on the
property is entitled to pro rata indemnification from the proceeds
of the sale.
(h) Any person may advertise a sale under this section at the
person's own expense, but is not entitled to indemnification for
these expenses.
(i) After deduction of the amounts described in subsections (e),
(f), and (g) and the reasonable expenses of the sale, the court shall
divide the proceeds of the sale among the remaining property
owners in proportion to their ownership interest.
; (11)SB0543.2.4. --> SECTION 4. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 32-17-4-3; IC 32-17-4-4; IC 32-17-4-5; IC 32-17-4-6; IC 32-17-4-7; IC 32-17-4-8; IC 32-17-4-9; IC 32-17-4-10; IC 32-17-4-11; IC 32-17-4-12; IC 32-17-4-13; IC 32-17-4-14; IC 32-17-4-15; IC 32-17-4-16; IC 32-17-4-17; IC 32-17-4-18; IC 32-17-4-19; IC 32-17-4-20; IC 32-17-4-21; IC 32-17-4-22; IC 32-17-4-24.
