Do assets get split 50/50 in Indiana?

Indiana law starts with an equal division presumption, but the court may adjust it based on income, contributions, or needs. You can also work together to come to an agreement on property division.

Can I keep my inheritance in a divorce?

Inherited assets may remain separate if kept apart from marital property. We help document and protect those funds during negotiations.

Who gets the house in a divorce?

It depends on factors like financial contribution, child custody arrangements, and each party’s ability to maintain the property.

What if my spouse ran up debt – do I have to pay it?

Shared debts are divided fairly, but we can argue for adjustments if one spouse acted irresponsibly or outside the family’s benefit.

Marital Property & Debt Division in Indiana Divorce

Equitable Distribution in Indiana

Dividing assets in a divorce isn’t just about numbers—it’s about fairness and future stability. At Todd Uzelac Law, our Merrillville asset division lawyer helps clients understand Indiana’s equitable distribution system. Unlike community property states, Indiana presumes an equal 50/50 split of marital property, but the court can deviate from that when fairness demands it. Factors such as each spouse’s income, financial contributions, and care for children all play a role in the final outcome. Our goal is to ensure your property division reflects the effort, investment, and needs that built your family’s financial life.

Identifying Marital vs. Separate Property

The first step in a fair settlement is knowing what belongs to the marital estate and what doesn’t. Marital property generally includes anything acquired by either spouse during the marriage, while separate property may include assets owned before marriage, inheritances, or gifts received individually. We help you trace ownership, document valuations, and protect the property that rightfully belongs to you. Whether it’s a family home, business, or investment portfolio, Todd Uzelac Law brings clarity to even the most complex financial picture.

Valuing Major Assets

A proper valuation is critical to dividing assets equitably. Our firm collaborates with appraisers, accountants, and financial experts to assess every piece of your marital estate.

The Marital Home

For many families, the home is both a financial and emotional cornerstone. We help clients decide whether to sell the home and split proceeds or negotiate a buyout when one spouse wishes to keep it.

Retirement Accounts

401(k)s, pensions, and IRAs often represent years of hard work. We ensure these accounts are divided correctly, using Qualified Domestic Relations Orders (QDROs) when needed to avoid penalties or taxes.

Businesses or Professional Practices

Business ownership brings unique challenges. As both business and family law attorneys, Todd Uzelac Law understands how to value and divide business interests without disrupting operations.

Debts and Financial Obligations

Property division includes more than assets—it also involves dividing debts. We help determine responsibility for credit cards, loans, and mortgages to ensure accountability is fair and enforceable.

Negotiating a Fair Division: Our Approach

At Todd Uzelac Law, we combine legal precision with practical insight to reach fair, sustainable outcomes.

Uncovering Hidden Assets

When one spouse controls finances or conceals assets, we take steps to uncover the truth through discovery, subpoenas, or forensic accounting.

Crafting Creative Settlements

Every family’s finances are different. We negotiate creative settlements—such as trade-offs between property and cash or structured buyouts—to achieve balance without unnecessary court battles.

Strong Advocacy When Litigation Is Necessary

While cooperation is preferred, we are fully prepared to litigate when fairness requires it. Our firm's background in business and corporate litigation provides an edge in high-asset or contested divorces.

Property Division FAQ

Do assets get split 50/50 in Indiana?
Indiana law starts with an equal division presumption, but the court may adjust it based on income, contributions, or needs. You can also work together to come to an agreement on property division.
Can I keep my inheritance in a divorce?
Inherited assets may remain separate if kept apart from marital property. We help document and protect those funds during negotiations.
Who gets the house in a divorce?
It depends on factors like financial contribution, child custody arrangements, and each party’s ability to maintain the property.
What if my spouse ran up debt – do I have to pay it?
Shared debts are divided fairly, but we can argue for adjustments if one spouse acted irresponsibly or outside the family’s benefit.

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