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Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
What is considered a marital asset in Indiana?
Indiana operates under the one pot theory of marital property. All property belonging to either or both spouses is considered marital property.
What are my rights if my name is not on a deed but married Indiana?
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
Is my husband entitled to half my house if its in my name in Indiana?
No. Inherited property and property brought into the marriage are all put into the pot and subject to division by the court. However, the court can consider whether that property should be set aside to the spouse who inherited it or brought it into the marriage.
Is an inheritance marital property in Indiana?
Thus, if you received an inheritance before or during the marriage, that inheritance is going to be considered marital property subject to division. All of this property is in the marital one-pot to divide. Next, Indiana follows what is known as an equitable distribution of property theory in divorce actions.
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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.
How long do you have to be married in Indiana to split assets?
There is no statutory definition for a long marriage in Indiana that would entitle a person to a full share of assets in a divorce. In theory, the same rules apply to a marriage which lasts one day and one which lasts 40 years.
Are assets split 50/50 in divorce Indiana?
Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
How does Indiana divide assets in divorce?
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.
How are assets split in Indiana?
Indiana is an equitable property division state. This means that the court will divide assets in the state of Indiana in the way it seems most fair. The court always begins by assuming that all property and assets are marital property and that all assets in Indiana will be divided equally.
Related links
Indiana Judicial Branch: Self-Service Legal Center - IN.gov
This website was created to provide information and resources for people who represent themselves in court. It should be noted that self-representation should
Part 3: Common-Law Marriage, Putative Spouse Doctrine
The courts should enforce express contracts between non-marital partners except The doctrine of necessaries in Indiana is: (1) Each spouse is primarily
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