Deciding to end a marriage involves navigating a series of emotional and financial challenges. One of the most significant hurdles is the division of property. In Indiana, the process is guided by the principle of equitable distribution, which aims for a fair, but not necessarily 50/50, split of marital assets.
At Villarrubia & Rosenberger, P.C., we understand that you need more than just a lawyer; you need a compassionate guide to protect your rights and help you secure a stable future. With our deep experience in Indiana family law, we can help you through this process.
Indiana is an equitable distribution state. This means that all property acquired by either spouse during the marriage is considered “marital property” and is subject to division. This includes assets like the family home, cars, bank accounts, retirement funds, and even business interests. The court presumes that an equal division is just and reasonable, but several factors can lead to an unequal distribution, including:
An experienced lawyer is your most valuable advocate during property division. The process can be challenging, and having professional guidance ensures your interests are protected from start to finish.
Common challenges, such as a spouse hiding assets or disagreements over the value of property, are far easier to manage with a skilled attorney who knows how to uncover information and advocate on your behalf.
How is marital property defined in Indiana?
Marital property includes nearly everything acquired or earned by you or your spouse during the marriage, regardless of whose name is on the title. This includes income, assets purchased with marital funds, and increases in the value of separate property that occurred during the marriage due to the efforts of either spouse.
Is property I owned before the marriage considered marital property?
While property owned before marriage is generally considered separate, it can become marital property if it was commingled with marital assets or its value increased due to marital contributions. An attorney can help you trace and protect your separate assets.
What happens if my spouse and I cannot agree on property division?
If you cannot reach an agreement through negotiation or mediation, the court will decide for you. A judge will listen to the arguments from both sides, review the evidence, and issue an order dividing the property based on the principles of equitable distribution. Having strong legal representation is critical in this scenario.
Navigating property division is a critical step toward starting your next chapter. At Villarrubia & Rosenberger, P.C., we provide the insight you need to protect what you’ve built and move forward with security. Contact us to schedule a consultation and find out how we can help you.
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