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Indiana Law - How Do We Divide Part-Marital / Part-Separate Property?
In Indiana, the court may allocate property that is traditionally "separate" to either party.
Most other states have elaborate tracing rules that divide property into "separate" and "marital"
portions. These rules do
not
apply in Indiana.
Section 31-1-11.5-11(c)(2).
Ross (1994) 638 NE2d 1301 (the "one pot" theory specifically prohibits the exclusion of any asset
from the scope of the trial court's power to divide and award).
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