Indiana § 32-30-2-23 - Action against cotenant; plaintiff's evidentiary burden
Full text of Indiana Indiana Code § 32-30-2-23 — Action against cotenant; plaintiff's evidentiary burden, with citation guidance and answers to common questions.
§ 32-30-2-23. Action against cotenant; plaintiff's evidentiary burden
Sec. 23. In an action by a plaintiff who is a tenant in common or joint tenant of real property against the plaintiff's cotenant, the plaintiff must show, in addition to the plaintiff's evidence of right, that defendant:
(1) denied plaintiff's right; or
(2) did some act amounting to a denial of a plaintiff's right.
[Pre-2002 Recodification Citation: 32-15-2-23.]
As added by P.L.2-2002, SEC.15.
IC 32-30-3Chapter 3. Ejectment and Quiet Title
32-30-3-1Action for ejectment or recovery of possession of real estate; plaintiff's affidavit 32-30-3-2Order to appear; order to show cause; requirements 32-30-3-3Preliminary order for possession; required findings 32-30-3-4Order for possession; expedited hearing; temporary restraining orders instead of order for possession 32-30-3-5Hearing on order to show cause; court determinations; prejudgment orders; appointment of receiver 32-30-3-6Order of possession; prerequisites 32-30-3-7Order of possession; requirements 32-30-3-8Return of possession to defendant; period for return; required surety; notice; proof of service 32-30-3-9Order of possession; delivery; service 32-30-3-10Removal of occupants within 48 hours service 32-30-3-11Executing officer's return of order of possession 32-30-3-12Final judgment supersedes prior orders 32-30-3-13Actions in plaintiff's own name 32-30-3-14Defendants in certain actions; plaintiff's complaint; plaintiff's affidavit; notice; venue 32-30-3-15Statutory construction 32-30-3-16Action to quiet title; service 32-30-3-17Entry of orders and decrees in civil order book; quiet title record; index requirements 32-30-3-18Presumption of death of nonresident; circumstances; intestate succession of title; vesting in nonresident's heirs 32-30-3-19Procedure to claim title from nonresident presumed dead 32-30-3-20Action to quiet title of real estate exempt from sale on execution 32-30-3-21Valuation of exempt real estate; limitation
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 32-30-2-23
What does Indiana Code § 32-30-2-23 cover?
Section 32-30-2-23 ("Action against cotenant; plaintiff's evidentiary burden") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 32-30-2-23?
A common citation format is "Indiana Code § 32-30-2-23" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 32-30-2-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.