Indiana Code

Ind. Code § 31-15-7-4 (2026)

Division of property

✓ current as of May 2026

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Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:

(1) owned by either spouse before the marriage;

(2) acquired by either spouse in his or her own right:

(A) after the marriage; and

(B) before final separation of the parties; or

(3) acquired by their joint efforts.

(b) The court shall divide the property in a just and reasonable manner by:

(1) division of the property in kind;

(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;

(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or

(4) ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.

[Pre-1997 Recodification Citation: 31-1-11.5-11(b).]

As added by P.L.1-1997, SEC.7.

Notes of Decisions

Cited in 241 cases (18 in the last 5 years), 1998–2026 · leading case: Swadner v. Swadner, 897 N.E.2d 966 (Ind. Ct. App. 2008).

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Swadner v. Swadner, 897 N.E.2d 966 (Ind. Ct. App. 2008). · cites it 12× “See Ind.Code § 31-15-7-4 (1998). The trial court's disposition of the marital estate is to be considered as a whole, not item by item.”

Shari L. Morey v. W. Michael Morey, 49 N.E.3d 1065 (Ind. Ct. App. 2016). · cites it 9× “I.C. §§ 31-15-7-4, -5. The trial court' may then divide the remainder, .”

Thompson v. Thompson, 811 N.E.2d 888 (Ind. Ct. App. 2004). · cites it 6× “Indiana law provides that, when dividing property in a dissolution proceeding, the court shall include property owned by either spouse prior to the marriage, acquired by either spouse in his or her own right, or acquired by the joint efforts of the spouses.”

Hill v. Hill, 863 N.E.2d 456 (Ind. Ct. App. 2007). · cites it 8× “It is well-established in Indiana that all marital property goes into the marital pot for division, whether it was owned by either spouse prior to the marriage, acquired by either spouse after the marriage and prior to final separation of the parties, or acquired by their joint…”

Beckley v. Beckley, 822 N.E.2d 158 (Ind. 2005). · cites it 10× “Indiana Code § 31-15-7-4(a). This marital estate statute does not establish any presumption that property individually acquired after final separation is subject to distribution.”

In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell, 993 N.E.2d 205 (Ind. Ct. App. 2013). · cites it 8× “Ind.Code § 31-15-7-4 governs the division of property in dissolution actions and requires that the trial court “divide the property in a just and reasonable manner.”

Timothy Kendrick v. Angela Kendrick, 44 N.E.3d 721 (Ind. Ct. App. 2015). · cites it 10× “Code §§ 31-15-7 governs the division of property in actions for dissolution of marriage, and Ind. Code § 31-15-7-4 (b) provides: The court shall divide the property in a just and reasonable manner by: (1) division of the property in kind; (2) setting the property or parts of the…”

Russell Goodman v. Stephanie Goodman, 94 N.E.3d 733 (Ind. Ct. App. 2018). · cites it 6× “" Ind. Code § 31-15-7-4 (b). This division of marital property is a two-step process.”

Hartley v. Hartley, 862 N.E.2d 274 (Ind. Ct. App. 2007). · cites it 4× “Ind.Code § 31-15-7-4. This "one-pot" theory insures that all assets are subject to the trial court's power to divide and award.”

Bingley v. Bingley, 935 N.E.2d 152 (Ind. 2010). · cites it 6× “Ind.Code § 31-15-7-4(a). For the purposes of such a dissolution, "property" means all assets of either party or both parties, including: (1) a present right to withdraw pension or retirement benefits; (2) the right to receive pension or retirement benefits that are not forfeited…”

In Re the Marriage of Nickels, 834 N.E.2d 1091 (Ind. Ct. App. 2005). · cites it 4× “See Ind.Code § 31-15-7-4(a); Bertholet v. Bertholet, 725 N.”

Wallace v. Wallace, 714 N.E.2d 774 (Ind. Ct. App. 1999). · cites it 10× “IC § 31-15-7-5 provides that courts "shall presume that an equal division of the marital property between the parties is just and reasonable." Section 5 further provides that the presumption of an equal division may be rebutted by evidence of several factors, including: (1) the…”

Show all 241 citing cases →

— Ind. Code § 31-15-7-4(2) — 1 case

Mary J. Coate v. Timothy D. Coate (mem. dec.) (Ind. Ct. App. 2016).

— Ind. Code § 31-15-7-4(A) — 1 case

Reta M. Hollowell v. Donald Hollowell (mem. dec.) (Ind. Ct. App. 2017).

— Ind. Code § 31-15-7-4(a) — 65 cases

Hill v. Hill, 863 N.E.2d 456 (Ind. Ct. App. 2007). “It is well-established in Indiana that all marital property goes into the marital pot for division, whether it was owned by either spouse prior to the marriage, acquired by either spouse after the marriage and prior to final separation of the parties, or acquired by their joint…”

Beckley v. Beckley, 822 N.E.2d 158 (Ind. 2005). “Indiana Code § 31-15-7-4(a). This marital estate statute does not establish any presumption that property individually acquired after final separation is subject to distribution.”

Bizik v. Bizik, 753 N.E.2d 762 (Ind. Ct. App. 2001).

O'Connell v. O'Connell, 889 N.E.2d 1 (Ind. Ct. App. 2008).

Russell Goodman v. Stephanie Goodman, 94 N.E.3d 733 (Ind. Ct. App. 2018). “" Ind. Code § 31-15-7-4 (b). This division of marital property is a two-step process.”

— Ind. Code § 31-15-7-4(a)(2)(B) — 1 case

In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev (Ind. Ct. App. 2012).

— Ind. Code § 31-15-7-4(b) — 45 cases

In Re the Marriage of Nickels, 834 N.E.2d 1091 (Ind. Ct. App. 2005). “See Ind.Code § 31-15-7-4(a); Bertholet v. Bertholet, 725 N.”

In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell, 993 N.E.2d 205 (Ind. Ct. App. 2013). “Ind.Code § 31-15-7-4 governs the division of property in dissolution actions and requires that the trial court “divide the property in a just and reasonable manner.”

Lambert v. Lambert, 839 N.E.2d 708 (Ind. Ct. App. 2005).

Mary Ann Crider v. Robert Crider, 26 N.E.3d 1045 (Ind. Ct. App. 2015).

— Ind. Code § 31-15-7-4(b)(2) — 5 cases

Bingley v. Bingley, 935 N.E.2d 152 (Ind. 2010). “Ind.Code § 31-15-7-4(a). For the purposes of such a dissolution, "property" means all assets of either party or both parties, including: (1) a present right to withdraw pension or retirement benefits; (2) the right to receive pension or retirement benefits that are not forfeited…”

Rovai v. Rovai, 912 N.E.2d 374 (Ind. 2009).

Dina Hasten Cohen v. Itamar Cohen, 120 N.E.3d 1083 (Ind. Ct. App. 2019).

Bingley v. Bingley, 915 N.E.2d 1006 (Ind. Ct. App. 2009).

Bradley Cooley v. Shelly Cooley (Ind. 2024).

— Ind. Code § 31-15-7-4(b)(4) — 3 cases

Shari L. Morey v. W. Michael Morey, 49 N.E.3d 1065 (Ind. Ct. App. 2016). “I.C. §§ 31-15-7-4, -5. The trial court' may then divide the remainder, .”

Bitner v. Hull, 695 N.E.2d 181 (Ind. Ct. App. 1998).

Christina Lopp v. Jason Lopp (Ind. Ct. App. 2025).

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