Community Property in Indiana
State-specific overview · Family Law
Indiana is not a community property state; courts divide marital property equitably based on statutory factors, not automatic equal ownership.
How Indiana treats Community Property
Indiana uses equitable distribution rather than community property law. The state defines marital property as property acquired by either spouse during the marriage, excluding inheritances, gifts, and property acquired before marriage. Courts divide marital property fairly but not necessarily equally, considering factors such as each spouse's financial contribution, non-financial contributions to the marriage, and future earning capacity. The judge has discretion to award unequal shares if circumstances warrant.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.