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

TypeKey Features
Tenancy in CommonDefault, unequal shares OK, no survivorship
Joint TenancyMust state survivorship, equal shares
Tenancy by the EntiretiesMarried 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:

FeatureDescription
CreationMarried at time of conveyance
SurvivorshipAutomatic
ProtectionIndividual creditors cannot reach
SeveranceRequires divorce, death, or mutual agreement

Indiana Homestead Exemption

Indiana provides a homestead exemption that protects home equity from creditors.

Homestead Exemption Details

FeatureDetail
AmountVaries (check current statute)
Applies toPrimary residence
ProtectionFrom unsecured creditors
Not protectedMortgages, property taxes

Property Tax Deductions

Indiana offers property tax deductions:

BenefitEligibility
Homestead DeductionPrimary residence owners
Supplemental DeductionAdditional deduction
Over-65 Circuit BreakerSeniors on limited income
Disabled VeteransQualifying veterans

Easements in Indiana

Types of Easements

TypeDescription
AppurtenantBenefits adjacent land, runs with land
In GrossBenefits person/entity, may not transfer
PrescriptiveCreated by adverse use
By NecessityFor landlocked parcels
ExpressCreated by written agreement

Prescriptive Easement

To establish in Indiana:

RequirementPeriod
Continuous use20 years
Open and notoriousVisible to owner
AdverseWithout permission
ExclusiveClaimant controls use

Adverse Possession

Indiana allows adverse possession after 10 years (with color of title) or longer without:

ElementDescription
ActualPhysical possession
OpenVisible to owner
NotoriousKnown to others
ExclusiveClaimant has sole control
HostileWithout owner's permission
ContinuousUninterrupted for required period

Marital Property Rights

Indiana is NOT Community Property

Indiana is an equitable distribution state:

FeatureIndiana Rule
Division methodEquitable (fair, not necessarily equal)
Court discretionYes, based on factors
Separate propertyGenerally remains separate
Marital propertySubject to equitable division
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Indiana Property Ownership Types
Test Your Knowledge

What is required to create a joint tenancy with right of survivorship in Indiana?

A
B
C
D
Test Your Knowledge

Which type of ownership is only available to married couples in Indiana?

A
B
C
D