Key Takeaways
- Indiana recognizes tenancy in common (default), joint tenancy with survivorship, and tenancy by the entireties
- Joint tenancy requires express survivorship language to be created
- Tenancy by the entireties is available only to married couples with creditor protection
- Indiana has a homestead exemption protecting home equity from creditors
- Indiana follows common law for easements and adverse possession
Last updated: January 2026
Indiana Property Rights and Ownership
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Indiana follows common law principles for property ownership with some state-specific provisions.
Types of Property Ownership
Individual Ownership (Tenancy in Severalty)
One person holds title:
- Full control over property
- No survivorship rights
- Passes through estate at death
- Most common for single individuals
Co-Ownership Types
| Type | Key Features |
|---|---|
| Tenancy in Common | Default, unequal shares OK, no survivorship |
| Joint Tenancy | Must state survivorship, equal shares |
| Tenancy by the Entireties | Married couples only, creditor protection |
Tenancy in Common
Default rule in Indiana:
- Unequal ownership shares permitted
- No right of survivorship
- Each owner can sell/mortgage their share
- Interest passes to heirs at death
Joint Tenancy with Survivorship
Indiana requires express language to create:
- Must state "with right of survivorship"
- Equal ownership shares required
- Four unities (time, title, interest, possession)
- Survivor automatically receives deceased's share
Key Point: Without survivorship language, co-owners are presumed to be tenants in common.
Tenancy by the Entireties
Available only to married couples:
| Feature | Description |
|---|---|
| Creation | Married at time of conveyance |
| Survivorship | Automatic |
| Protection | Individual creditors cannot reach |
| Severance | Requires divorce, death, or mutual agreement |
Indiana Homestead Exemption
Indiana provides a homestead exemption that protects home equity from creditors.
Homestead Exemption Details
| Feature | Detail |
|---|---|
| Amount | Varies (check current statute) |
| Applies to | Primary residence |
| Protection | From unsecured creditors |
| Not protected | Mortgages, property taxes |
Property Tax Deductions
Indiana offers property tax deductions:
| Benefit | Eligibility |
|---|---|
| Homestead Deduction | Primary residence owners |
| Supplemental Deduction | Additional deduction |
| Over-65 Circuit Breaker | Seniors on limited income |
| Disabled Veterans | Qualifying veterans |
Easements in Indiana
Types of Easements
| Type | Description |
|---|---|
| Appurtenant | Benefits adjacent land, runs with land |
| In Gross | Benefits person/entity, may not transfer |
| Prescriptive | Created by adverse use |
| By Necessity | For landlocked parcels |
| Express | Created by written agreement |
Prescriptive Easement
To establish in Indiana:
| Requirement | Period |
|---|---|
| Continuous use | 20 years |
| Open and notorious | Visible to owner |
| Adverse | Without permission |
| Exclusive | Claimant controls use |
Adverse Possession
Indiana allows adverse possession after 10 years (with color of title) or longer without:
| Element | Description |
|---|---|
| Actual | Physical possession |
| Open | Visible to owner |
| Notorious | Known to others |
| Exclusive | Claimant has sole control |
| Hostile | Without owner's permission |
| Continuous | Uninterrupted for required period |
Marital Property Rights
Indiana is NOT Community Property
Indiana is an equitable distribution state:
| Feature | Indiana Rule |
|---|---|
| Division method | Equitable (fair, not necessarily equal) |
| Court discretion | Yes, based on factors |
| Separate property | Generally remains separate |
| Marital property | Subject to equitable division |
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Test Your Knowledge
What is required to create a joint tenancy with right of survivorship in Indiana?
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Test Your Knowledge
Which type of ownership is only available to married couples in Indiana?
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D