Cecily Zamora
Indiana residents are subject to both Indiana state laws and U.S. federal laws. The Indiana Code contains the laws passed by the Indiana legislature, which are often interpreted by the Indiana Supreme Court and the Indiana Court of Appeals. Indiana does not recognize most common-law marriages. Under Indiana Code § 31-11-8-5, a marriage is void if it is a common-law marriage that was entered into after January 1, 1958. Indiana's criminal justice system revised the code in 2014 so that criminal charges aligned better with sentencing guidelines. Indiana's drunken driving laws are similar to those in states where the offense is called a DUI or DWI, but in Indiana, it is called an OWI (Operating a Vehicle While Intoxicated).
| Characteristics | Values |
|---|---|
| Common law marriages | Indiana does not recognize most common-law marriages unless they occurred before 1958 |
| Same-sex marriage | Legal since the 7th U.S. Circuit Court of Appeals overturned Indiana's prohibition |
| Medical marijuana | Illegal, even for medicinal purposes |
| Gun control | Possession of certain weapons, including sawed-off shotguns, machine guns, and armor-piercing handgun ammunition, is prohibited |
| Drunken driving | Known as OWI (Operating a Vehicle While Intoxicated) |
| Compulsory education | Children must attend school from age 6 until they are 18 |
| Prayer in public schools | Not explicitly permitted, but schools can hold a minute of silence during which students can choose to pray |
| Gambling | Most forms of gambling are prohibited, except for horse racing and riverboat casinos on Lake Michigan, the Ohio River, and Patoka Lake |
| Non-consensual publication of intimate images | Victims can bring a claim under the common law tort of negligent infliction of emotional distress (NIED) |
| Invasion of privacy | Plaintiffs can recover for unreasonable invasions of privacy, including intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, and false-light publicity |
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What You'll Learn
Indiana does not recognise most common-law marriages
However, Indiana does recognise cohabitation between unmarried parties. As defined in Bright v. Kuehl, cohabitation exists when parties live together without subsequent marriage. If the cohabitation ends, divorce law does not apply. Divorce law determines how property and responsibilities are allocated in the termination of a marriage.
Partners seeking recovery after cohabitation ends may rely on an express contract, such as an Indiana cohabitation agreement, or seek equitable relief. Anybody who has ever lived with someone else understands that there are expectations and understandings that go along with cohabitation. Each party in such an arrangement might know exactly who is responsible for which financial obligation, and some employers offer benefits to partners of same-sex couples.
If you have a question about Indiana common-law marriage or cohabitation law, or you are wondering about a particular Indiana cohabitation agreement, using an Indiana attorney with knowledge of the intricacies and delicate nature of cohabitation laws in Indiana can help.
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Indiana tenants' rights
In Indiana, renters' rights fall under the jurisdiction of state or local government. Here are some of the rights that tenants in Indiana have:
Right to a Habitable Place to Live
The landlord must provide you with a rental unit in a safe, clean, and livable condition. This includes maintaining the structural safety of the building and weatherproofing.
The Landlord Is Responsible for Upkeep
The landlord is responsible for maintaining common areas in clean and proper condition. Common areas include fences, parking, landscaping, and recreational areas.
Right to Privacy
You have the right to privacy in your rented home. It is illegal for a landlord to deny you access to your rented property by changing locks, barring windows, or removing doors. The only way a landlord may deny you entry is through a court order.
Right to Continuous Utilities
You have the right to continuous access to utilities without interruption. If there is a problem with your utilities, you must give the landlord notice and a reasonable amount of time to fix the issue.
Right to Legal Action
If your landlord has not made repairs in a reasonable amount of time, you have the right to legal action. You can sue for damages, orders to repair, and attorney fees.
Right to the Return of Your Security Deposit
You have the right to have your security deposit returned within 45 days if you leave the rental property in good order, excluding normal wear and tear. The landlord may subtract from the deposit for unpaid rent, repair damages, or other unpaid obligations under the rental agreement.
It is important to note that Indiana does not have a law that allows tenants to withhold rent or make repairs and deduct them from the rent. If you do not pay rent, you may be evicted. For discrimination-related housing issues, tenants can contact the Indiana Civil Rights Commission.
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Indiana criminal law
Indiana residents are subject to Indiana state laws and US federal laws. The Indiana Code contains the laws passed by the Indiana legislature, which are interpreted by the Indiana Supreme Court and the Indiana Court of Appeals. The Indiana Code Title 35 outlines Indiana's criminal law and procedure.
Indiana's criminal laws cover a range of offences, including criminal trespass, falsification in official matters, tampering with witnesses, obstructing governmental operations, escape, abuse and breach of public office, and the use of weapons. There are also laws relating to narcotics, marijuana, and controlled substances, as well as gambling, riots, disorderly conduct, public safety, and public health.
Other criminal laws in Indiana include those pertaining to offences against stability, obscenity and pornography, terrorism, and the use of controlled explosives. There are also provisions for bringing criminal charges, pleading and procedure, pretrial notices, motions, and procedures, trial procedures, and proceedings following dismissal, verdict, or finding.
Victim rights are also addressed, including specific rights for victims of sexual assault. There are also general substantive criminal provisions and offences against persons and property. Additionally, Indiana criminal law covers offences against public administration, public health, order, and decency, as well as miscellaneous offences.
Invasion of privacy is also recognised under Indiana law. The Indiana Supreme Court has held that "invasion of privacy" describes four distinct injuries: intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, and false-light publicity.
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Indiana Supreme Court
The Indiana Supreme Court established the Indiana Eviction Task Force on September 13, 2021. The group was created with a wide range of representation and tasked with making recommendations regarding a statewide pre-eviction diversion program and the effective distribution of emergency rental assistance.
The Indiana Eviction Task Force was established to consider the needs of landlords, tenants, and the community at large. With over $400 million in rental assistance available, the group was keen to ensure access to relief and recovery options for those facing financial hardship due to the COVID-19 pandemic.
Over the course of eleven meetings, the Task Force reviewed materials from other states, built on existing collaborations, and gathered information about the various emergency rental assistance programs operating in Indiana. The Task Force encourages courts and local communities to work together to incorporate best practices within their systems, including housing court models.
The Indiana Housing and Community Development Authority issued two awards to improve work to prevent homelessness, promote housing stability, and provide access to services throughout the state. One award went to the Indiana Community Action Association to provide housing counselling, case management, and housing navigation services through a network of non-profit service providers. The other award was given to the Indiana Bar Foundation to provide legal services to renters, mediation services, and access to legal navigators, forms, and virtual legal guidance.
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Indiana residents are subject to federal law
Indiana residents are subject to both Indiana state laws and US federal laws. The US Constitution is the supreme law of the US, and federal laws are applied in Indiana as they are across all 50 states. Federal laws include statutes in the US Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies.
Indiana has its own state laws, including the Indiana Constitution, laws passed by the Indiana legislature, and decisions by state courts interpreting Indiana laws. The Indiana Code contains the laws passed by the state legislature and provisions of the Indiana Constitution, which are often interpreted by the Indiana Supreme Court and the Indiana Court of Appeals. Two federal district courts in Indiana also issue decisions that affect Indiana residents: the Northern and Southern District Courts of Indiana. The Seventh Circuit Court of Appeals can review decisions by federal district courts in Indiana, and in some cases, the US Supreme Court may review a case appealed from the Seventh Circuit or Indiana Supreme Court.
Indiana laws cover a range of topics, including tenant rights, drunken driving, same-sex marriage, drug possession, gun control, education, and gambling. For example, Indiana tenants have the right to a habitable place to live, and landlords are responsible for upkeep and maintaining common areas. Indiana does not recognize common-law marriage unless the marriage occurred before 1958.
Federal laws apply uniformly across all states, including Indiana, and cover areas such as taxation, immigration, interstate commerce, and bankruptcy. Federal laws also address issues like civil rights, environmental protection, and national security. Federal laws are enacted by Congress and signed by the President, and they take precedence over state laws in the event of a conflict between the two.
Indiana residents, therefore, adhere to a combination of federal laws that apply nationwide and Indiana state laws that govern specific issues within the state.
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Frequently asked questions
Indiana does not recognize most common-law marriages. Any marriage that is a common-law marriage entered into after 1 January 1958 is considered void.
Drunken driving in Indiana is known as OWI (Operating a Vehicle While Intoxicated). The laws are similar to those in states where the offense is called DUI or DWI.
A victim could try to bring a claim under the common law tort of negligent infliction of emotional distress (NIED) or intentional infliction of emotional distress in situations where the defendant's negligent or intentional actions caused the victim to suffer severe emotional distress.
Indiana does not allow the use of marijuana for medicinal purposes. Possession of even a small amount is considered a misdemeanor, and possession of larger quantities can be considered a felony.
Indiana does not recognize common-law marriage between parties who live together. However, Indiana does recognize cohabitation between unmarried parties. If the cohabitation ends, divorce law does not apply, and partners may rely on an express contract or seek equitable relief.
