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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. Divorce: Why title/deed to property does not matter

Divorce: Why title/deed to property does not matter

On Behalf of Dixon & Moseley, P.C. | Dec 10, 2014 | Property Division

Indiana follows the “marital pot” theory to determine what property is “marital property.” The “marital pot” theory means that ALL assets and liabilities, owned byeither Husband or Wife BEFORE and DURING the marriage, no matter how the property is titled, is jointly owned by the husband and wife equally and collectively.

Indiana is unique in that there is no “separate” property, like many states recognize. Other states may consider debts or assets held before the marriage to be “separate” or property acquired during the marriage by inheritance or gift to be “separate.” Separate property is not subject to division, and is set aside for the spouse who holds it outside the marriage. This is not the case in Indiana. While factors like inheritance, gift, or owned before the marriage, are factors that can be a reason to deviate from the presumed 50/50 division of property (example: Wife receives 60% of the total property because she owned a house before the marriage and the house should be given to her).

Because of Indiana’s unique view that, what’s mine or ours, everything, regardless of title, ownership, or “name” on the asset or debt, must be disclosed to your attorney and the court. For example, one spouse is a saver and has a sizeable 401k, while the other is a spender and didn’t contribute. The person who holds the 401k may feel justified that should be theirs when the marriage dissolves, because they contributed to it. In Indiana, the theory is that marital funds were used to build that 401k up, because the spouse that contributed was using income to do so, and that would have been income brought home to the marriage otherwise. Therefore, the 401k is marital property, and divisible equitably upon divorce.

The same rings true for property held by title or deed, such as a car, or land/real estate. Simply because only one spouse’s name appears on the title or deed, does not mean that property is owned only by that spouse. Both spouses have an ownership right, regardless of title. For example, each spouse has a car, and their respective cars are titled to just the spouse that drives it. In a divorce proceeding, the spouses may agree, or a court may logically order that each spouse keep the car he or she is driving, but in reality, both cars are part of the marital pot and divisible equitably. This means, that the value of the cars are added together and divided equally, if one car is worth more than the other ($10,000 vs. $2,000 = $12,000 and each spouse gets $6,000 worth), then the spouse who keeps the more valuable car ($10,000) has to give either money or other marital property to the other spouse to make up the difference (the $2,000 car, plus either $4,000 or something else worth $4,000). So, just because the Wife may hold title to the $10,000 car, and keep it after the divorce, does not mean the Husband is out of luck, as he has an ownership interest in the car as well, even if his name is not on the title.

We hope that you have found this information to be helpful in understanding property division in divorce and why title or deed does not matter when dividing the property. This is not intended to be legal advice. If you have questions or concerns about your specific case, Dixon & Moseley, P.C. can help evaluate your specific case. This blog post was written by Attorney, Lori B. Schmeltzer.

What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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Recent Posts

  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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