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Learn what property is divided in an Indiana divorce, how judges decide on a fair distribution of that property, and how to prove that a 50-50 split isn't fair.
As defined in Indiana divorce law, specifically Indiana Code 31-15-7-4, Indiana courts consider marital property to be any property: owned by either spouse before the marriage acquired by either spouse in her or own right after the marriage
Marital Property and Division of Assets in Indiana. Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce.
How Is Property Divided in a Divorce in Indiana? Generally, Indiana divorce laws regarding property require an equitable distribution in a divorce. As a result, the court determines the fair division of marital property on the basis of various factors, including: How long the marriage lasted; The property brought to the marriage by each spouse
In Indiana, property division during a divorce follows the principle of equitable distribution, which aims to divide marital assets and debts fairly and reasonably in the event of a litigated process. This doesn’t mean everything will be equally divided, however.
A spouse must prove that their property is separate property to prevent it from becoming part of the marital estate. To prove separate property, the spouse must show that the property is not connected to the marriage and that the property did not benefit from the marriage. Talk to an Indiana Divorce Lawyer Today.
Indiana courts may divide marital property by (I.C. 31-15-7-4(b)): “(1) division of the property in kind; (2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper; (3) ordering the sale of the property under such ...
Overview of Indiana Divorce Laws; Different kinds of Indiana Divorce; How is property divided in Indiana? Spousal Support and Alimony in Indiana; Indiana Family Law Concerning Children
The first step in dividing property in an Indiana divorce is determining what is marital property and what is each spouse’s separate property. In general, all property that either spouse acquires after marriage is marital property.
Under Indiana marital property law and divorce law, couples can use premarital or divorce agreements to dictate how they will allocate property in their divorce. With an enforceable agreement, you can avoid being at the mercy of the court’s property division determinations.