Indiana 2025 Regular Session

Indiana House Bill HB1015 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1015
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-100.7; IC 31-15-7-4.5; IC 36-2-11.
7	7	Synopsis: Qualified real property orders. Defines a "qualified real
8	8	property order". Allows certain parties to file an affidavit or petition the
9	9	court for a qualified real property order if a previous court order to
10	10	divide or transfer the real property is missing the real property's legal
11	11	description and tax parcel identification number. Establishes the
12	12	procedure for filing and recording the affidavit and a qualified real
13	13	property order.
14	14	Effective: July 1, 2025.
15	15	Zimmerman
16	16	January 8, 2025, read first time and referred to Committee on Judiciary.
17	17	2025 IN 1015—LS 6057/DI 149 Introduced
18	18	First Regular Session of the 124th General Assembly (2025)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2024 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1015
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	family law and juvenile law.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 31-9-2-100.7 IS ADDED TO THE INDIANA
33	33	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
34	34	3 [EFFECTIVE JULY 1, 2025]: Sec. 100.7. "Qualified real property
35	35	4 order", for purposes of IC 31-15-7, means an order that includes
36	36	5 the following:
37	37	6 (1) The caption and cause number of the dissolution
38	38	7 proceeding.
39	39	8 (2) The name and mailing address of the petitioning party.
40	40	9 (3) The street address of the Indiana real property.
41	41	10 (4) The names of all parties who had a prior interest in the
42	42	11 Indiana real property.
43	43	12 (5) The legal description of the Indiana real property.
44	44	13 (6) A tax parcel identification number for the Indiana real
45	45	14 property.
46	46	15 (7) The instrument number of the recorded document that
47	47	16 gives the parties title to the Indiana real property.
48	48	17 (8) A copy of the order or decree that approved or ordered
49	49	2025 IN 1015—LS 6057/DI 149 2
50	50	1 the division, transfer, or sale of the Indiana real property.
51	51	2 SECTION 2. IC 31-15-7-4.5 IS ADDED TO THE INDIANA CODE
52	52	3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
53	53	4 1, 2025]: Sec. 4.5. (a) If a court order or decree entered under this
54	54	5 chapter:
55	55	6 (1) approves or orders:
56	56	7 (A) the division or transfer of Indiana real property
57	57	8 between spouses; or
58	58	9 (B) the sale of Indiana real property by either or both
59	59	10 spouses;
60	60	11 (2) refers to the Indiana real property described in
61	61	12 subdivision (1) by specifying the physical address or location;
62	62	13 and
63	63	14 (3) does not contain:
64	64	15 (A) the legal description of the Indiana real property; and
65	65	16 (B) the tax parcel identification number of the Indiana real
66	66	17 property;
67	67	18 both spouses may sign and record an affidavit under subsection (b)
68	68	19 or either spouse may petition the court to request a qualified real
69	69	20 property order under subsection (d) to specifically identify the real
70	70	21 property described in this subsection.
71	71	22 (b) If the material facts regarding the Indiana real property are
72	72	23 agreed upon by the parties to the proceeding in subsection (a) or by
73	73	24 the personal representative or successor in interest to the parties
74	74	25 to the proceeding in subsection (a), all parties may sign and record
75	75	26 an affidavit under IC 36-2-11-19 that includes the following
76	76	27 information:
77	77	28 (1) A copy of the order or decree that approved or ordered
78	78	29 the division, transfer, or sale of the Indiana real property.
79	79	30 (2) The legal description of the Indiana real property.
80	80	31 (3) The tax parcel identification number of the Indiana real
81	81	32 property.
82	82	33 (c) If a party to the proceeding in subsection (a) is deceased, the
83	83	34 personal representative of the deceased party's estate or, if there
84	84	35 is no personal representative appointed, any successor in interest
85	85	36 may sign the affidavit under subsection (b).
86	86	37 (d) If the parties cannot agree upon the material facts regarding
87	87	38 the Indiana real property, either party may file a verified petition
88	88	39 and a proposed qualified real property order.
89	89	40 (e) A party who files a verified petition and a proposed qualified
90	90	41 real property order under subsection (d) must provide service as
91	91	42 required by the Indiana Rules of Trial Procedure.
92	92	2025 IN 1015—LS 6057/DI 149 3
93	93	1 (f) Objections to the proposed qualified real property order may
94	94	2 be filed not later than twenty (20) days after the date of service.
95	95	3 (g) If a party:
96	96	4 (1) does not file objections during the period described in
97	97	5 subsection (f), the court shall enter the qualified real property
98	98	6 order without further proceedings; or
99	99	7 (2) does file timely objections, the court shall hold a hearing.
100	100	8 (h) Following a hearing held under subsection (g):
101	101	9 (1) the parties may sign an agreed entry;
102	102	10 (2) the court may enter the qualified real property order with
103	103	11 or without modifications; or
104	104	12 (3) the court may dismiss the petition.
105	105	13 (i) A qualified real property order entered under this section is
106	106	14 not an unlawful revocation or modification of the court's previous
107	107	15 decree, order, or judgment for purposes of section 9.1 of this
108	108	16 chapter.
109	109	17 (j) An affidavit signed and recorded under subsection (b) or a
110	110	18 qualified real property order issued under subsection (h) is
111	111	19 effective as of the date of the court's order or decree described in
112	112	20 subsection (a).
113	113	21 (k) The remedies and procedures under this section are in
114	114	22 addition to the remedies provided under Rule 70(A) of the Indiana
115	115	23 Rules of Trial Procedure.
116	116	24 SECTION 3. IC 36-2-11-15, AS AMENDED BY P.L.160-2007,
117	117	25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
118	118	26 JULY 1, 2025]: Sec. 15. (a) This section does not apply to:
119	119	27 (1) an instrument executed before July 1, 1959, or recorded before
120	120	28 July 26, 1967;
121	121	29 (2) a judgment, order, or writ of a court;
122	122	30 (3) a will or death certificate;
123	123	31 (4) an instrument executed or acknowledged outside Indiana; or
124	124	32 (5) a federal lien on real property or a federal tax lien on personal
125	125	33 property, as described in section 25 of this chapter;
126	126	34 (6) a judgment, an order, or an agreed entry dividing
127	127	35 ownership of Indiana real property, as described in
128	128	36 IC 31-15-7-4, that includes the legal description and tax parcel
129	129	37 identification number of the Indiana real property; or
130	130	38 (7) a qualified real property order, as described in
131	131	39 IC 31-15-7-4.5.
132	132	40 (b) The recorder may receive for record or filing an instrument that
133	133	41 conveys, creates, encumbers, assigns, or otherwise disposes of an
134	134	42 interest in or lien on property only if:
135	135	2025 IN 1015—LS 6057/DI 149 4
136	136	1 (1) the name of the person and governmental agency, if any, that
137	137	2 prepared the instrument is printed, typewritten, stamped, or
138	138	3 signed in a legible manner at the conclusion of the instrument;
139	139	4 and
140	140	5 (2) all Social Security numbers in the document are redacted,
141	141	6 unless required by law.
142	142	7 (c) An instrument complies with subsection (b)(1) if it contains a
143	143	8 statement in the following form:
144	144	9 "This instrument was prepared by (name).".
145	145	10 (d) An instrument complies with subsection (b)(2) if it contains a
146	146	11 statement in the following form at the conclusion of the instrument and
147	147	12 immediately preceding or following the statement required by
148	148	13 subsection (b)(1):
149	149	14 "I affirm, under the penalties for perjury, that I have taken
150	150	15 reasonable care to redact each Social Security number in this
151	151	16 document, unless required by law (name).".
152	152	17 SECTION 4. IC 36-2-11-16, AS AMENDED BY P.L.185-2021,
153	153	18 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154	154	19 JULY 1, 2025]: Sec. 16. (a) This section does not apply to:
155	155	20 (1) an instrument executed before November 4, 1943;
156	156	21 (2) a judgment, order, or writ of a court;
157	157	22 (3) a will or death certificate; or
158	158	23 (4) an instrument executed or acknowledged outside Indiana;
159	159	24 (5) a judgment, an order, or an agreed entry dividing
160	160	25 ownership of Indiana real property, as described in
161	161	26 IC 31-15-7-4, that includes the legal description and tax parcel
162	162	27 identification number of the Indiana real property; or
163	163	28 (6) a qualified real property order, as described in
164	164	29 IC 31-15-7-4.5.
165	165	30 (b) Whenever this section prescribes that the name of a person be
166	166	31 printed, typewritten, or stamped immediately beneath the person's
167	167	32 signature, the signature must be written on the instrument, directly
168	168	33 preceding the printed, typewritten, or stamped name, and may not be
169	169	34 superimposed on that name so as to render either illegible. However,
170	170	35 the instrument may be received for record if the name and signature
171	171	36 are, in the discretion of the county recorder, placed on the instrument
172	172	37 so as to render the connection between the two apparent.
173	173	38 (c) Except as provided in subsection (d), the recorder may receive
174	174	39 for record an instrument only if all of the following requirements are
175	175	40 met:
176	176	41 (1) The name of each person who executed the instrument is
177	177	42 legibly printed, typewritten, or stamped immediately beneath the
178	178	2025 IN 1015—LS 6057/DI 149 5
179	179	1 person's signature or the signature itself is printed, typewritten,
180	180	2 stamped, or logically associated with the instrument.
181	181	3 (2) The name of each witness to the instrument is legibly printed,
182	182	4 typewritten, or stamped immediately beneath the signature of the
183	183	5 witness or the signature itself is printed, typewritten, stamped, or
184	184	6 logically associated with the instrument.
185	185	7 (3) The name of each notarial officer whose signature appears on
186	186	8 the instrument is legibly printed, typewritten, or stamped
187	187	9 immediately beneath the signature of the notarial officer or the
188	188	10 signature itself is printed, typewritten, stamped, or logically
189	189	11 associated with the instrument.
190	190	12 (4) The name of each person who executed the instrument appears
191	191	13 identically in the body of the instrument, in the acknowledgment
192	192	14 or proof (as defined in and permitted under IC 32-21-2) in the
193	193	15 person's signature, and beneath the person's signature.
194	194	16 (5) The execution of the instrument and the acknowledgment or
195	195	17 proof (as defined in and permitted under IC 32-21-2), complies
196	196	18 with IC 33-42.
197	197	19 (6) If the instrument is a copy, the instrument is marked "Copy".
198	198	20 (d) The recorder may receive for record an instrument that does not
199	199	21 comply with subsection (c) if all of the following requirements are met:
200	200	22 (1) A printed or typewritten affidavit of a person with personal
201	201	23 knowledge of the facts is recorded with the instrument.
202	202	24 (2) The affidavit complies with this section.
203	203	25 (3) The affidavit states the correct name of a person, if any, whose
204	204	26 signature cannot be identified or whose name is not printed,
205	205	27 typewritten, or stamped on the instrument as prescribed by this
206	206	28 section.
207	207	29 (4) When the instrument does not comply with subsection (c)(4),
208	208	30 the affidavit states the correct name of the person and states that
209	209	31 each of the names used in the instrument refers to the person.
210	210	32 (5) If the instrument is a copy, the instrument is marked "Copy".
211	211	33 (e) The recorder shall record a document presented for recording or
212	212	34 a copy produced by a photographic process of the document presented
213	213	35 for recording if:
214	214	36 (1) the document complies with other statutory recording
215	215	37 requirements; and
216	216	38 (2) the document or copy will produce a clear and unobstructed
217	217	39 copy.
218	218	40 (f) An instrument, document, or copy received and recorded by a
219	219	41 county recorder is conclusively presumed to comply with this section.
220	220	42 A recorded copy shall have the same effect as if the original document
221	221	2025 IN 1015—LS 6057/DI 149 6
222	222	1 had been recorded.
223	223	2 SECTION 5. IC 36-2-11-16.5, AS AMENDED BY P.L.127-2017,
224	224	3 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225	225	4 JULY 1, 2025]: Sec. 16.5. (a) This section does not apply to the
226	226	5 following:
227	227	6 (1) A judgment, an order, or a writ of a court.
228	228	7 (2) A will or death certificate.
229	229	8 (3) A plat.
230	230	9 (4) A survey.
231	231	10 (5) A judgment, an order, or an agreed entry dividing
232	232	11 ownership of Indiana real property, as described in
233	233	12 IC 31-15-7-4, that includes the legal description and tax parcel
234	234	13 identification number of the Indiana real property.
235	235	14 (6) A qualified real property order, as described in
236	236	15 IC 31-15-7-4.5.
237	237	16 (b) The county recorder may receive for record an instrument or a
238	238	17 document if:
239	239	18 (1) the instrument or document consists of at least one (1)
240	240	19 individual page measuring not more than eight and one-half (8
241	241	20 1/2) inches by fourteen (14) inches that is not permanently bound
242	242	21 and is not a continuous form;
243	243	22 (2) the instrument or document is on white paper of at least
244	244	23 twenty (20) pound weight and has clean margins:
245	245	24 (A) on the first and last pages of at least two (2) inches on the
246	246	25 top and bottom and one-half (1/2) inch on each side; and
247	247	26 (B) on each additional page of at least one-half (1/2) inch on
248	248	27 the top, bottom, and each side; and
249	249	28 (3) the instrument or document is typewritten or computer
250	250	29 generated in black ink in at least 10 point type.
251	251	30 SECTION 6. IC 36-2-11-19, AS AMENDED BY P.L.57-2013,
252	252	31 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
253	253	32 JULY 1, 2025]: Sec. 19. (a) An affidavit that:
254	254	33 (1) concerns the birth, marriage, death, name, residence, identity,
255	255	34 or relationship of any of the parties named in an instrument
256	256	35 affecting real property;
257	257	36 (2) is made by a professional surveyor registered under IC 25-21.5
258	258	37 and concerns the existence or location of a monument or physical
259	259	38 boundary;
260	260	39 (3) is made by a professional surveyor registered under IC 25-21.5
261	261	40 and reconciles ambiguous descriptions in conveyances with
262	262	41 descriptions in a regular chain of title;
263	263	42 (4) concerns facts incident to the adverse possession of real
264	264	2025 IN 1015—LS 6057/DI 149 7
265	265	1 property and the payment of taxes on that property; or
266	266	2 (5) states facts about the division or transfer of Indiana real
267	267	3 property, as described in IC 31-15-7-4, and includes:
268	268	4 (A) a copy of the order or decree that approved or ordered
269	269	5 the division, transfer, or sale of the Indiana real property;
270	270	6 and
271	271	7 (B) the legal description and tax parcel identification
272	272	8 number of the Indiana real property; or
273	273	9 (5) (6) is made by a purchaser of real property sold on foreclosure
274	274	10 or conveyed in lieu of foreclosure of:
275	275	11 (A) a deed of trust securing an issue of bonds or other
276	276	12 evidences of indebtedness;
277	277	13 (B) a mortgage;
278	278	14 (C) a contract for the sale of real property; or
279	279	15 (D) any other security instrument;
280	280	16 held by a fiduciary or other representative, and concerns the
281	281	17 authority of the purchaser to purchase the property and the terms
282	282	18 and conditions on which the property is to be held and disposed
283	283	19 of;
284	284	20 may be recorded in the office of the recorder of the county in which the
285	285	21 property is located. If an affidavit is presented to the recorder for record
286	286	22 under this section, the recorder shall record it in the miscellaneous
287	287	23 records in the recorder's office.
288	288	24 (b) An affidavit recorded under this section may be received in
289	289	25 evidence in any proceeding affecting the real property and constitutes
290	290	26 prima facie evidence of the facts and circumstances contained in the
291	291	27 affidavit.
292	292	2025 IN 1015—LS 6057/DI 149