Divorce is a process that comes with many emotional issues. It also creates a new set of practical concerns that can be just as stressful to think about. A big one is how property is going to be divided up. A Wichita property division lawyer from Stange Law Firm, PC, can help you understand your rights and responsibilities.
Couples who have been married for years or even decades may have to unwind and divide up all of the money, property, and retirement accounts they accumulated throughout their marriage. The thought of that prospect can be scary and overwhelming. But when you understand the Kansas property division process, you will be better equipped to prepare for what is to come and to protect your financial interests.
Marital Property in Kansas
Kansas is an equitable distribution state. This means that the property will be divided equitably between you and your spouse. Equitable is not the same as equal. This is an important distinction to keep in mind as you move through your divorce process. Equitable distribution laws are applicable to all divorce cases throughout Sedgwick County, as well as the rest of Kansas.
In Kansas, marital property generally includes all assets acquired by either spouse while they were married, no matter whose name is on the account or the title. This can encompass a wide range of property types, including:
- Real estate
- Homes
- Automobiles
- Retirement accounts
- Businesses
- Household goods
Notably, Kansas does not recognize the concept of community property. Instead, assets acquired by either spouse during the marriage are presumed to be marital property. Even if one spouse had a significantly higher income and contributed more financially to the acquisition of assets, those assets are typically subject to division upon divorce.
Separate Property Versus Marital Property
Separate property, however, is generally property that one spouse owned before they married or that they received during the marriage as a gift, inheritance, or personal injury settlement to one spouse. It’s important to note that property owned separately can transmute into marital property if the spouses commingle it and treat it as marital property.
For example, if one spouse inherits money and then deposits it into a joint bank account used by both spouses, that money may lose its separate character. Therefore, separate property can be a significant issue of negotiation and litigation in many divorce cases.
Understanding Equitable Distribution
Kansas is an equitable distribution state when it comes to property division. This means that the court will divide property fairly, but not necessarily equally. The court will consider a range of factors in determining what constitutes an equitable division. These factors include:
- Duration of the marriage
- Age, health, and earning capacity of each spouse
- Contributions to the marriage, including child-rearing and homemaking
- The financial circumstances of each spouse
- Factors leading to the dissolution of the marriage
What Happens to Debt in a Kansas Divorce?
Debts are treated like property in a divorce and are also divided between spouses. This includes any debts that were accumulated during the marriage, such as credit card balances, mortgages, auto loans, personal loans, and other liabilities. Typically, debts will be divided in a way that is equitable and corresponds to how property is divided.
However, if one spouse is assigned a debt in the divorce decree, the other spouse is still legally obligated to pay if their name is on the account. This is why it is important to close or refinance joint accounts as part of the divorce process.
In one survey, 42% of divorced people said that their credit card debt and expenses had an impact on their divorce. More than one-third admit to hiding debt. The majority of respondents to this year’s survey reported having less than $1,000, while 32% reported having a five-figure balance. Approximately 25% of respondents had a balance of at least $15,000.
About Stange Law Firm, PC
At Stange Law Firm, PC, we serve clients throughout Wichita and Sedgwick County, including cases handled at the Sedgwick County District Court. Since 2007, we have focused on family and domestic matters. We understand how stressful property division can be and strive to provide the guidance and support you need in a difficult time.
FAQs
Q: Is Property Always Divided 50/50 in a Kansas Divorce?
A: No, Kansas is an equitable distribution state. This means that the court will divide the property in a manner that is equitable, or fair. The court will take into account the length of the marriage, the financial resources of each party, and the contribution of each party to the marriage. Depending on these factors, an equal division of the property may not be equitable.
Q: Does It Matter Whose Name Is on the Property or Account in the Property Division?
A: No, typically not in Kansas. Kansas property acquired during the marriage is presumed to be marital property even if titled in only one party’s name. This is true for income, bank accounts, retirement assets, and other properties. Titling in one person’s name does not necessarily mean that it will be the way a divorce court will divide it.
Q: What Happens to Property Owned Before a Marriage?
A: Property owned before a marriage is typically considered separate property and will remain with the acquiring spouse in the event of a divorce. This can become complicated when the property becomes commingled, meaning that the separate property becomes mixed in with marital property. An example of this would be using an inheritance to help fund a family home.
Q: Can We Decide How to Divide Property Without Going to Court?
A: Yes, you can decide how to divide property without going to court. The majority of divorces are settled by negotiated settlement agreements. Courts will usually enforce these agreements if they are fair and entered into voluntarily. Settlement agreements can give spouses more control over the outcome of their divorce. They can also shorten the time, cost, and stress of litigation.
Contact Stange Law Firm, PC, Today
Dividing assets is about protecting your financial future. Stange Law Firm, PC, can help you understand what property may be subject to division and what is not. Contact us today for a consultation.