Indiana Dissolution of Marriage With a House — Your Options (2026)

The family home is often the largest marital asset in an Indiana dissolution. Indiana's 50/50 presumption means equity in a marital home is presumed to be split equally between the spouses — unless the Settlement Agreement or the court orders otherwise.

Is the Home in the Marital Pot?

If purchased during the marriage: Yes — the home and all equity are in the marital estate.

If one spouse owned it before the marriage: Yes — it is still in the marital pot. The pre-marital origin is a rebuttal factor that can support unequal division, but the home is not automatically excluded.

Option 1 — One Spouse Keeps the Home

The keeping spouse buys out the other's interest (typically half of the equity unless the parties agree to a different split).

Settlement Agreement must include:

  • Address and legal description of the property
  • Agreed fair market value (appraisal, online estimate, or agreed number)
  • Equity calculation: agreed value – mortgage payoff = total equity
  • Each spouse's share (50/50 or agreed deviation with documented basis)
  • Buyout method: Cash at closing, offset against other assets, or deferred payment
  • Refinancing deadline: Keeping spouse refinances into their name alone within X days of the Decree
  • Fallback: If refinancing fails by the deadline, property is listed for sale
  • Who pays mortgage, taxes, insurance, and maintenance until refinancing is complete
  • Deed transfer: Leaving spouse signs Quitclaim Deed after refinancing → record at county Recorder's office

After the dissolution and refinancing:

  1. Leaving spouse signs a Quitclaim Deed
  2. The Quitclaim Deed is recorded at the county Recorder's office (the county where the property is located)
  3. Pay the recording fee (typically $25–$100 in Indiana)

Option 2 — Sell and Split Proceeds

Settlement Agreement must include:

  • Each spouse's percentage share of net proceeds (50/50 or agreed deviation)
  • Listing timeline: listed within X days of the Decree
  • How agent is selected and listing price determined
  • Who pays carrying costs (mortgage, taxes, insurance, HOA) during listing
  • Who occupies the home until sale (and whether the occupying spouse pays the other compensation)
  • Price reduction trigger and frequency
  • What happens if one party refuses to sign closing documents (e.g., appoint a third-party signatory in the Settlement Agreement)

Option 3 — Deferred Sale

One spouse stays for a defined period (typically until children reach a milestone), then the home is sold.

Settlement Agreement must include:

  • Duration of deferral (date or event trigger)
  • Who pays all carrying costs during deferral
  • Whether the non-occupying spouse receives rental compensation
  • How major repairs are decided and funded
  • Sale process and proceeds split at the end of the deferral period
  • What happens if occupying spouse defaults on mortgage or fails to maintain

Pre-Marital Home Considerations

If one spouse owned the home before the marriage:

  • Include the pre-marital value (or a reference to it) in the Settlement Agreement
  • Document mortgage principal paid down during marriage from marital income
  • Document any marital-income improvements
  • If arguing for deviation from 50/50 based on pre-marital origin: specify the rebuttal factor in the Settlement Agreement

Example Settlement Agreement language:

"Wife owned the home at [address] prior to the marriage with a value of approximately $X. The parties agree that the equity of $Y, of which $Z represents appreciation and principal paydown during the marriage, shall be divided as follows: [terms]."

Recording the Deed in Indiana

Indiana counties use the county Recorder's office for recording real estate transactions.

After the dissolution and refinancing:

  1. Prepare a Quitclaim Deed — standard for divorce/dissolution transfers in Indiana
  2. The leaving spouse signs and has it notarized
  3. Record at the Recorder's office in the county where the property is located
  4. Pay recording fees ($25–$100 depending on county)

Last reviewed: March 2026 | 50/50 presumption for home equity | Pre-marital home in marital pot but rebuttal factor applies | Record at county Recorder's office

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.