Is Indiana a joint property state?
Even though Indiana law doesn’t recognize community property, it does require courts to determine an “equitable property division.” More specifically, property is divided in a “just and reasonable” manner. In most cases, this means that each spouse gets about half of everything they own.
Is Indiana a dower state?
Dower / Curtesy Rights: Indiana does NOT recognize dower or curtesy rights, so the non – title spouse does NOT need to execute deeds or mortgages.
Is an inheritance marital property in Indiana?
The short answer to this question is, yes, the inheritance is marital property. Indiana operates under the “one pot” theory of marital property. All property belonging to either or both spouses is considered marital property. The court will attempt to effectuate a just and reasonable division of the property.
Does Indiana recognize common law marriages?
Indiana does not recognize common law marriages; however, Indiana does recognize cohabitation between unmarried parties. As defined in Bright v. Kuehl, cohabitation exists when parties live together without subsequent marriage. If the cohabitation ends, however, divorce law does not apply.
How many years does a couple have to be together to be considered married?
Despite much belief to the contrary, the length of time you live together does not by itself determine whether a common law marriage exists. No state law or court decision says seven years or ten years of cohabitation is all that is needed for a common law marriage. It’s only one factor the court may consider.
What rights does a common law wife have?
Rights to protecting a family residence and dividing family assets are only granted to legally married couples. A common law spouse who is the sole owner of a shared residence may sell or mortgage property without consent and without splitting proceeds.