Bequeathed Real Est in IN?? Divorce?
@marylamby are you asking -- who gets it, a partial property interest in a real est parcel, either w or w'out home?
One point to bear in mind: A couple may enter a pre- nuptial (or post-) agreement, to set terms for property division on separation, divorce, or death, or all three, so the st. prop laws may not apply w those events.
This post relates to (hypothetical)
DIVORCE.
"... nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin...."
Equitable Distribution (Divorce)
"In the remaining states, [al66pine ed: like IN, where they lived for 20+ yrs?] assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally...." bbm rbm
From https://www.divorcenet.com/states/nationwide/property_division_by_state <--- part of nolo.com
IN. law.
"Marital property is property a couple acquires during marriage, while separate property is property one spouse owns before marriage, or acquires by gift or inheritance while married. Although Indiana law makes a distinction between marital and separate property, a judge may divide all of a couple’s property in any manner that seems fair, regardless of which spouse actually owns it or when it was acquired...
" .... a court will presume that an equal division of property is fair unless one spouse presents evidence of unfairness, and a claim that certain property is separate may support an argument of unfairness.
"Marital and separate property can become mixed together—sometimes called “commingling.” bbm See more at link, esp'ly list of factors judge is to consider. Can be very difficult to trace when a couple transfers prop back and forth, into jt a/c, then some to wife's a/c, then shw writes check to make major purchase (ex: car?), when it is sold, proceeds are deposited to his bank a/c. Multiply that over the years, and who knows, unless at the time of each buy, sell, deposit and withdrawal, they keep accurate notations and records.
Personally won't try to predict what would if BM or SM had filed for divorce, could not agree on prop division themselves, and how a judge might order division.
As always, welcoming comment, clarification, correction from members of our legal profession. jm2cts.