{"id":373258,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-marital-property-laws.html"},"modified":"2024-06-13T14:09:58","modified_gmt":"2024-06-13T19:09:58","slug":"indiana-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-marital-property-laws.html","title":{"rendered":"Indiana Marital Property Laws"},"content":{"rendered":"\n
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Indiana Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Indiana is an equitable distribution state. In equitable distribution, all property acquired during the marriage becomes marital property<\/b>.<\/a> Unlike most states, Indiana does not recognize separate property<\/b> during marriage. Indiana is a "whole pot" state. All property owned by both spouses at the start of a marriage becomes marital property (Indiana Code Section 31-15-7-4<\/a>).<\/p>\r\n

A few states are community property states<\/b><\/a>, which presume that all property acquired during marriage belongs to both spouses. Even these states recognize some separate property as belonging to each state. During a divorce or legal separation, a judge can divide marital assets according to what seems fair rather than whose name is on the title. Indiana divorce laws are unusual\u2014they don\u2019t recognize separate property during marriage.<\/p>\r\n

Combining separate and marital property only applies during a divorce case. Intestate property division<\/a> follows different rules.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Marital property<\/b> is all property acquired by either party during the marriage. Marital property can include:<\/p>\r\n