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If a house is purchased and only one party's name is on the house, it is still marital property. Indiana is an equitable distribution state, and assets acquired both during and prior to the marriage can be subject to division following divorce.FindLaw's article on marital property in Indiana, which is not a community property state. Learn more in FindLaw's Indiana Family Laws section. The short answer to this question is, yes, the inheritance is marital property. Indiana operates under the "one pot" theory of marital property. Anything you acquired before the marriage, a gift given solely to you, or your inheritance is not considered marital property. In a divorce, the parties divide up what is called the "Marital Estate. In 1985, Indiana Code § 31111. Indiana is not a Community Property state.