Who keeps the house in the divorce?

Indiana is an “equitable distribution” state. This means that the division of property and debts between the divorcing parties should be fair and equitable. However, the court does not have to give each spouse one half of the property. If one spouse owned the house before the marriage, and the other spouse has not contributed to the house (such as making payments or repairs), the court might decide that the house should not be split between the two spouses.

In deciding whether to award the home to one spouse, generally courts look at these factors:

  • Age and health of the spouses, and marriage length
  • Each spouse’s contributions to the marriage
  • Each spouse’s income and assets
  • Skills and employability of each spouse
  • Source of home or funds for home
  • Custody of minor children

When property is divided among divorcing spouses in Indiana, the person maintaining possession of the property, more often than not, will be responsible for the debt. This is important to understand when trying to come to an agreement on who will keep the house.

Need more information about divorce in Indiana? Divorce Basics

Remember, these suggestions are not meant to be legal advice. You should consult a family law attorney to discuss the specifics of your situation.

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