Find the right Indiana real estate form

Indiana real estate conveyances are governed primarily by Title 32 of the Indiana Code. Indiana law contains statutory language for certain deed forms and recognizes specific presumptions about how property is held, particularly between married spouses.

When a husband and wife acquire real estate together, Indiana law presumes the property is held as tenants by the entirety unless the deed clearly expresses a different intent (IC 32-17-3-1). Tenancy by the entirety provides survivorship rights and certain protections for married couples. A joint deed executed by husband and wife is sufficient to convey any interest either or both hold in property, whether held as tenants in common, joint tenants, or tenants by the entirety (IC 32-17-3-4).

A conveyance of land or any interest in land must be made by a written deed signed and acknowledged by the grantor or by the grantor’s attorney in fact (IC 32-21-1-13). Indiana defines a “conveyance” broadly to include any written instrument affecting land, except a will, a lease not exceeding three years, or an executory land sale contract (IC 32-21-3-1).

Indiana provides statutory wording for a fee simple conveyance that includes covenants from the grantor (IC 32-17-1-2), as well as a statutory form for a quitclaim deed (IC 32-21-1-15). Warranty deeds and quitclaim deeds are commonly used and may be tailored to fit the specifics of the transaction.

Legal Capacity to Convey

Individuals, corporations, joint owners, and aliens may acquire and convey real property in Indiana (IC 32-22-2-5). The primary statutory limitations relate to minors and persons who are legally incompetent. A person under eighteen generally cannot convey real estate, although limited exceptions exist with court approval in certain circumstances (IC 32-22-1-3).

Execution and Acknowledgment

To be eligible for recording, a deed must be signed and acknowledged by the grantor or properly proved before an authorized officer (IC 32-21-2-4). If acknowledged in a different Indiana county than where it will be recorded, additional certification by the clerk of the circuit court may be required unless the acknowledgment bears the official seal of the acknowledging officer.

Acknowledgments taken outside Indiana must comply with statutory certification requirements and generally must be certified by the clerk of a court of record in the county where the acknowledging officer resides, with the court’s seal attached (IC 32-21-2-5).

Recording and Priority

A deed must be recorded in the office of the county recorder in the county where the property is located. Certain conveyances—including transfers of fee simple estates, life estates, future interests, and leases exceeding three years—are not valid against subsequent purchasers or mortgagees without notice unless recorded in the manner prescribed by statute (IC 32-21-3-3).

Indiana follows a race-notice recording system. A conveyance that is not recorded may be valid between the parties, but it will be void as against a subsequent purchaser, lessee, or mortgagee in good faith and for valuable consideration whose instrument is recorded first. Priority is determined by the time of filing with the county recorder.

Because Indiana law includes statutory deed forms, marital presumptions regarding tenancy by the entirety, and specific acknowledgment certification rules, careful drafting and prompt county recording are essential to protect ownership rights and preserve priority in the chain of title.