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Selling a house during a divorce in Indiana.
Indiana treats a divorce as a dissolution of marriage and starts from the idea that marital property is divided equally. Here is how that shapes a home sale while the case is open.
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Divorce · Indiana
How it works in Indiana.
In Indiana, either spouse can file a petition for dissolution of marriage through the county clerk, as long as one spouse has lived in Indiana for six months and in that county for three months. The court cannot hear the petition sooner than 60 days after filing. If the spouses agree on property, including the house, their agreement can become part of the decree. If they do not, the judge decides how the marital estate is divided.
Indiana is an equitable distribution state, not a community property state. The law presumes that an equal split of marital property is just and reasonable, but either spouse can present evidence that a different division would be fairer. While the case is pending, a court can also issue temporary orders that limit what either spouse does with property. A family law attorney can explain how this affects a sale of your home.
Indiana specifics
What to know in Indiana.
Indiana divides property by equitable distribution
Indiana is not a community property state. Under IC 31-15-7-5, the court starts from a presumption that an equal division of marital property is just and reasonable, and a spouse can rebut it with evidence such as contributions, economic circumstances or earning ability.
Courts can restrict property transfers
While a dissolution case is pending, either spouse can ask the court for provisional orders. The court can issue a temporary restraining order preventing either spouse from transferring, hiding or disposing of marital property outside the ordinary course. If an order is in place, a sale may need the other spouse's agreement or the court's permission.
There is a minimum waiting period
Under current Indiana law, a dissolution petition cannot be heard sooner than 60 days after it is filed. Couples sometimes use that time to agree on whether to sell the house now, have one spouse keep it, or sell it after the decree.
Where Indiana divorces are filed
A petition for dissolution is filed through the clerk's office in the county where at least one spouse has lived for the past three months, after at least six months of Indiana residency. Statewide forms for agreed cases are available from the Indiana Supreme Court Self-Service Legal Center.
Agreements can go into the decree
If spouses agree on how to handle the house, such as selling it and splitting the proceeds, those terms can be included in the dissolution decree. When there is no agreement, the judge decides, which can affect timing and who signs the sale documents.
This is general information, not legal or tax advice. Rules can change and every situation is different, so confirm the details for your case with a Indiana attorney or the appropriate office.
Your options
There is more than one path.
One spouse keeps the home
One person may buy out the other's share, often by refinancing the mortgage into their own name. This can offer stability, especially for children. It works only if that person can qualify for the loan and afford the ongoing costs alone.
List with a real estate agent
Selling on the open market can help you both see the home's value and split the proceeds clearly. It requires cooperation on pricing, repairs and showings. Some couples choose a neutral agent together to keep things fair.
Explore offers from investors and professionals
When coordinating showings and repairs feels hard, some couples prefer a simpler sale. Through Doorbloom, you can share details about the home and hear from independent professionals who may buy it as-is. Compare any offer with what a listing might bring, and make sure both owners agree.
How it works
Three clear steps.
- 1
Tell us about your home
Share the address, condition and your timeline. It takes about a minute, and we only ask what is needed for the next step.
- 2
Review who is interested
Real estate investors and professionals review your home. You see who they are before anyone gets your contact details.
- 3
Choose your next step
Talk to the people you want, compare your options, or decide not to sell. There is no pressure and no obligation.
Questions
Questions from Indiana homeowners.
Is Indiana a community property state?
No. Indiana uses equitable distribution with a starting presumption that an equal division of marital property is just and reasonable. Either spouse can offer evidence that a different split would be fairer.
Can I sell the house before my Indiana divorce is final?
Often, if both spouses agree and no court order prevents it. If the court has issued a temporary restraining order about marital property, you may need the other spouse's consent or the court's approval first. A family law attorney can review any orders in your case.
How long does an Indiana divorce take before the house can be divided?
Under current law, the court cannot hear a dissolution petition sooner than 60 days after filing. Contested cases often take longer, and the house is divided according to the spouses' agreement or the judge's decree.
Where can I find Indiana divorce forms?
The Indiana Supreme Court Self-Service Legal Center provides forms and instructions, mainly for spouses who agree on everything. Filing goes through your county clerk's office. If you have property or disagreements to resolve, consider talking with an attorney.
Is Doorbloom buying my house?
No. Doorbloom is a platform that connects Indiana homeowners with real estate investors and professionals. Any offer comes from them, and nothing is binding until you sign a purchase agreement.
What does it cost?
Creating an account and telling us about your home is free for homeowners.
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