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Which factors could rebut the claim of equal property division?

On Behalf of | Dec 9, 2022 | Property Distribution

In many Indiana family law cases, property division is an obstacle in coming to a quick resolution. Since both parties in the marriage might claim they have a right to certain property, this can be a challenge for the court to come to what it considers a fair resolution.

Indiana presumes that each party to a divorce should receive one-half of the parties’ marital property, regardless of who technically owns or acquired it. Although Indiana Courts start with this presumption, one or both parties can request a deviation from an equal division of marital property; in other words, someone can seek more than their presumed half.

When might equal division of marital property not be considered fair?

Spouses play a role in the acquisition of property. The contribution does not need to be income producing. Perhaps one spouse was a stay-at-home parent while the other worked outside the home. The stay-at-home parent might have given the earning spouse the freedom to work longer hours, thereby helping with acquiring the property. Whether marital property was acquired by one spouse prior to the marriage or via inheritance or as a gift may also be relevant for the Court to consider.

Economics are also a factor. The spouses might have different financial situations when the property is to be divided. In the previous example, if one spouse was the primary breadwinner and has a higher income and potential for income, this could be considered when the court decides whether to split the marital property equally.

Complicated property division requires experienced assistance

In an Indiana divorce, professional advice can help with trying to retain certain properties. Since property division and how it is handled can vary in a family law case, those who are thinking about variables in retaining properties should have professional assistance.

Being aware of the law for equal property division also includes knowing how to rebut it. This can be key for people who have unusual property circumstances or other justifications to keep properties. Having experienced representation is a vital first step.