Your father left you a house, and you have made it your home for years. You hoped to pass it to your children someday. Now you and your spouse are divorcing, and your spouse wants a share of its value. You want to stay, but you also need enough to pay your bills once you live on your own.
You may be able to keep the house, but Indiana does not automatically set aside inherited property during a divorce. The judge includes it when deciding how to divide what you and your spouse own. Still, how you received the home could affect the final split.
Why the court counts your inheritance
Indiana generally includes property either spouse owned before marriage or acquired before filing for divorce. This includes your inherited home, even if the deed lists only your name.
The court presumes an equal split of marital property is fair. That does not mean you have to sell the house. A judge might award it to you while giving your spouse other assets.
When you could receive more
A judge can award unequal shares when evidence shows that a 50-50 split would be unfair. The fact that you inherited the home may support a larger share for you, but it does not guarantee that result.
The judge also weighs each spouse’s finances and what each contributed during the marriage. For instance, your spouse might have cared for your children while you worked. That unpaid work matters when the court decides how to divide the property.
Before you agree on the house
Keeping the home could mean receiving less of the other property. You may want to gather the will and records showing what you spent on repairs. Before you settle the financial side of ending your marriage, it might help to compare the home’s value with your other shared assets.