The majority of states, including Indiana, are equitable distribution states. Each state is governed by its own set of family law rules and statutes. While there are some similarities, there are also many differences. Equitable distribution states divide property between spouses after considering several different factors with the goal being to divide the property fairly or equitably. Judges in equitable distribution states, such as Indiana, have a fair amount of discretion in terms of how to apply the statute and determine a fair distribution of the marital estate. In a community property state, judges assume that all property is jointly owned unless proven differently and simply divide that property in half.