How Does Property Division Work in Indiana?

Emily J. Schmale

Author: Emily J. Schmale

POST DATE: 4.1.24
Ccha  Family Law

A large component of divorce is the court divvying up property between you and your spouse. This distribution of property can be a matter of great concern when you are single again. Understanding Indiana’s property division laws can help you prepare for your new chapter in life.

Our skilled divorce attorneys at Church Church Hittle and Antrim can help protect your rights and interests in any Indiana divorce. We have been serving clients for more than 140 years, and we use our extensive experience to help families through trying times.

Indiana Divorce Laws Regarding Property

There are two main factors to understand regarding Indiana divorce property division. Property division boils down to which property is subject to division, and how the court will likely divide that property.

What Assets Are Subject to Property Division in an Indiana Divorce?

Indiana divorce law instructs the court to divide the following property among the spouses:

  • The property acquired by either spouse after they got married but before they separated,

  • The property acquired through a joint spousal effort, and

  • The property either spouse owned before they got married.

It can be surprising to learn that property you brought into your marriage is also subject to division. If you are considering or facing divorce, now is the time to organize your receipts, property titles, financial statements, wage records, and tax documents and take the information to a knowledgeable attorney. During divorce proceedings, you should also receive financial information from your spouse so that you have an understanding of the size of the marital estate and what you should receive from it.

Our skilled attorneys have been successfully championing clients’ rights to marital property for years. We can help you understand and walk away with your equitable share of assets.

Cutting a house in half

How Is Property Divided in a Divorce in Indiana?

Once all marital property is identified, it must be fairly valued and equitably divided. The default Indiana divorce law for property division states that courts should divide the marital property equally. However, a divorce court might shift from a 50/50 distribution to giving one spouse a greater or smaller share if a party provides evidence that equal distribution is not reasonable and just. To contemplate an uneven split, an Indiana judge can consider the following:

  • The extent to which each spouse acquired property through a gift or inheritance or before marriage,

  • The behavior of each spouse as it relates to the dissipation or disposition of their property,

  • The economic circumstances of each spouse,

  • Each spouse’s contribution to the acquisition of the property, or

  • The income and earning capacity of each spouse.

Providing proof of any of the above-listed matters might result in a more favorable division of the marital property. We have the tools and know-how to effectively argue for you to receive your equitable share of the marital estate. We also have the skills and knowledge to negotiate and draft an enforceable divorce agreement that suits your property division needs.

You Can Make Your Own Property Division Rules with a Premarital or Divorce Agreement

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.

The courts encourage amicable splits through settlement. So negotiating an agreement with your spouse could keep you out of trial—thereby saving you time, money, and stress. However, if your agreement does not appear fair or voluntary on both sides, the court can refuse to adopt it. We can negotiate a favorable and fair agreement on your behalf that a court is likely to accept and incorporate into your divorce decree.

Two people grabbing a house

We Can Be the Guidance and Community You Need During Your Divorce

At CCHA Law, we have decades upon decades of experience. And our award-winning attorneys understand the importance of community. We serve our clients with excellence and compassion, and we serve the greater Indiana community through multiple charitable efforts. We understand the needs of a diverse clientele. We tailor our strategies and advocacy to each client’s unique needs.

CCHA Law was established in 1880, and our attorneys have received top honors from multiple outlets in the legal community. We have extensive experience in divorce and family law matters. As a full-service law firm, we also have substantial experience in many areas of law that might touch your divorce case, such as estate planning and business law. If you have concerns, questions, or needs regarding your divorce case, we are here for you. You can contact us by phone or reach us online to schedule a consultation.