FAQ: Is Indiana A Common Law Property State?

This brings us back to the question that got you here: Is Indiana a Community Property State? The answer is no. Indiana is an equitable distribution state.

Is Indiana a common law state?

Indiana does not recognize common law marriages; however, Indiana does recognize cohabitation between unmarried parties. As defined in Bright v. Kuehl, cohabitation exists when parties live together without subsequent marriage. If the cohabitation ends, however, divorce law does not apply.

Is Indiana community property?

Property Division in Indiana Even though Indiana law doesn’t recognize community property, it does require courts to determine an “equitable property division.” More specifically, property is divided in a “just and reasonable” manner. In most cases, this means that each spouse gets about half of everything they own.

Is Indiana a shared debt State?

Debts are lumped with assets as part of a couple’s marital property, and thus, must be divided as part of the divorce. Indiana is an equitable division State, meaning marital property is divided according to what is fair, which may or may not be equal.

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Is Indiana a community property state or equitable distribution state?

Indiana is an equitable property division state, meaning that the court will divide property in the way it sees as most fair, not necessarily equally. In many divorces, dividing property is the most difficult part of the process.

What is the common law in Indiana?

Common-law marriage Indiana describes the arrangement in common law where two people that live together enjoy the status and benefits of marriage without having the marriage ceremony.

What is not community property?

Community property does not include assets owned by either spouse prior to the marriage or acquired after a legal separation. Gifts or inheritances received by one spouse during the marriage are also excluded. Responsibility for any debts that date from before the marriage is not shared.

Is my wife entitled to half my house?

Whether or not you contributed equally to the purchase of your house or not, or one or both of your names are on the deeds, you are both entitled to stay in your home until you make an agreement between yourselves or the court comes to a decision.

What is considered marital property?

Marital property is property acquired after the parties are married. Conversely, if property was acquired before the marriage by one spouse but has risen in value due to the efforts and/or labor of the other or both spouses, the appreciated value is considered marital property.

What is considered marital assets in Indiana?

Marital property is property a couple acquires during marriage, while separate property is property one spouse owns before marriage, or acquires by gift or inheritance while married.

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What happens if you are married & The House is not in your name Indiana?

If you own a house prior to your marriage, once you are married, that house becomes marital property. If a house is purchased and only one party’s name is on the house, it is still marital property. Otherwise, only property or debt acquired after the final separation of the parties would be excluded.

How are assets split in Indiana?

Indiana divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.

Is Indiana a dower rights state?

Dower / Curtesy Rights: Indiana does NOT recognize dower or curtesy rights, so the non – title spouse does NOT need to execute deeds or mortgages.

Can you kick your spouse out of your house in Indiana?

Seeking Sole Possession of the Family Home Since both spouses have a legitimate interest in the home, a spouse can not simply call police and ask to have the other spouse removed. However, Indiana divorce law does provide a mechanism for seeking possession of the home while the case is pending.

Can my husband kick me out of the house he owns in Indiana?

No, he cannot kick you out of the marital home. You have an interest in the property, most likely, even if it is solely in his name.

How do you separate assets without divorce?

In order to avoid a court deciding how to divide a couple’s property, they may enter into an agreement of their own. Property may also be considered separate if there is a valid prenuptial or postnuptial agreement in place. A prenuptial agreement is made before marriage and in consideration of marriage.

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