Category Archives: Property Division

Your upside down real estate and Kansas Divorce

I have discussed what to do with your house on several posts, however, I realize  I haven’t really touched on what you should do with your house in your divorce if your house is upside-down (you own more on your house than its worth).  While there is no great solution to this issue, you should [...]

Custody of the family pet in your Kansas divorce

During a divorce consultation, I am often asked about the family pet(s).  How does the court deal with pets? Do we set up a parenting arrangement?  To date, the Kansas courts have not dealt with the pet as they do with children; the pet is viewed as property, which means that one party gets possession [...]

Refinancing your house in your Kansas divorce

I have authored several posts regarding the marital home, however, I thought it was worth it to caution certain parties from keeping the home if you cannot refinance the home in your own name.  There are several horror stories out there, but this one is just an example of what could happen if you keep [...]

Determining Assets During Your Kansas Divorce

Generally, both parties are aware of the financial standings of the family.   However, there are still many living situations where only one party is privy to the financial information of the family.  If you are going through a divorce and have not recently been involved in paying bills, opening/reviewing mail, preparing taxes, balancing your bank [...]

Determining the Value of Your Home During Your Kansas Divorce

In order to determine the value of your real estate (non-commercial property owned by the parties) you must determine what is the net equity of the home.  The net equity is the only item of value, or simply put, the asset to be divided by the court.
In order to do this you must first determine [...]

Kansas Prenuptial Agreements: Does Yours Need Revised?

Here is a very interesting article posted on the Wall Street Journal.  It may certainly be worth taking the time to revisit the agreement you and your spouse originally negotiated during this time of economic downturn.
Here is a link to the full article.
Why Your Prenup May Need a Check-Up: By Melissa Korn (WSJ Blogs)
Lawyers used [...]

Joint Credit Card Debts and Your Kansas Divorce

Division of credit card debts is a very complicated issue in a divorce today.   The debt that is most problematic is joint credit card debt.   Many people believe that if one party agreed to take on joint credit card debt as part of the divorce settlement, then that party is solely responsible for [...]

Debt incurred after filing for divorce in Kansas

It is a common fear among divorcing couples that the other spouse is going to destroy the couple financially after the divorce is filed.  While this is a very real and valid fear, debt incurred after filing is commonly presumed the debt of the person who incurred said debt and should be paid by the [...]

What is Non-Marital or Separate Property in Kansas?

Under Kansas Law, there is not a definition of non-martial or separate property.  As discussed previously, Kansas is an equitable property state. What this means is that at the time of the divorce, all of the property of the parties, including separately titled property, becomes marital property. However, in dividing the property, the [...]

Six things to think about before signing a Kansas Prenuptial Agreement

I recently read an article that listed six things to think about prior to signing a prenup.  These questions often come up in the context when I am drafting an agreement, and it is best to be fully informed of the pros and cons prior to entering into an agreement.   Please click here for the [...]