Legal Question in Family Law in Indiana

Re: Property laws for Indiana divorce

The house, along with other "marital property," will be divided "equitably." This may mean 50/50--but not necessarily.

The court starts with the presumption that a 50/50 distribution is equitable, but the court also considers other factors, such as how much money each spouse put toward the property over the years (mortgage payments, major improvements, etc.); the economic status of each person and each person's ability to afford other housing; the conduct of the spouses during the period of marriage as it relates to the property; the property's current value; each spouse's current earnings and their future earning abilities.

The mortgage being in only your wife's name is not ideal for you, but it is only one factor the court will consider. It will certainly work in your favor that you both paid for the house from a joint account and that you both contributed to its purchase and maintenance in roughly equal amounts (I am assuming that--if you put significantly more money in the joint account than she did on a regular basis, make sure you have paperwork to back that up).

Be as prepared as possible when you begin working out the property division: gather all the paperwork you can regarding the home's purchase, major repairs, contributions to that joint account, and any other information that affects the home and money, time, and efforts put into it.

The 50/50 split is only a presumption; if you want the court to award more than 50% to you (or want to prevent the court from awarding more than 50% to your wife), make sure you're prepared with paperwork and information.

I recommend seeking the help of a divorce attorney, who can look over your deed, account info, and pertinent papers, and can advise you in more specific detail.

All the best,

Marissa Bracke

Re: Property laws for Indiana divorce

The presumption is that you will get 50%.