1. (a) The following persons may compel partition of land held in joint tenancy or tenancy in common as provided under this chapter:

   1. (1) A person that holds an interest in the land as a joint tenant or tenant-in-common either:

      1. (A) in the person's own right; or
      2. (B) as executor or trustee.
   2. (2) If the sale of the estate of a decedent who held an interest in the land as a joint tenant or tenant in common is necessary, the decedent's administrator or executor.

2. (b) A trustee, an administrator, or an executor may be made a defendant in an action for the partition of real estate to answer as to any interest the trustee, administrator, or executor has in the real estate.

   [Pre-2002 Recodification Citation: 32-4-5-1.]

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