You never imagined that you would face losing the house you and your spouse once so happily moved into— the house where you celebrated family traditions and spent countless hours making it “home.” Your spouse wants it, and your lawyer says it might have to be sold.
During a divorce, you will decide whether you or your spouse will take ownership of everything from bathroom towels to the stock portfolio. Suddenly you may find yourself having a strong emotional attachment to that lamp in the family room or the painting in the hallway.
Do your best to reach agreement regarding dividing household goods – the furniture and other items in the house. Enlist the support of your attorney in deciding which assets should be valued by an expert, such as the family business or real estate. From tax consequences to replacement value, there are many factors to consider in deciding whether to fight to keep an asset, to give it to your spouse, or to have it sold.
Like all aspects of your divorce, take one step at a time. By starting with the most easily divided items, you and your spouse can avoid paying lawyers to litigate the value of your items.
What system does Kansas use for dividing property?
Kansas law provides for an equitable or fair, but not necessarily equal, division of the property and debts acquired during your marriage.
Regardless of how title is held, the court can use its discretion to make a division of the marital assets and marital debts. In many cases this may mean an equal division, but it is also possible that as little as one-third of the assets awarded to one party and as much as two-thirds to the other may still be considered “equitable” under the unique facts and circumstances of your case. The court will consider a number of factors in determining what may be equitable, including your debts, the economic circumstances of you and your spouse, and the history of contributions to the marriage.
What does community property mean?
Community property is a term used in several states which have a community-property system for dividing assets in a divorce. In states having community property laws, each spouse holds a one-half interest in most property acquired during the marriage. Because Kansas is not a “community property state,” community property laws do not apply in a Kansas divorce.
Who gets the house?
One of first issues to be decided regarding the family home is the determination who will retain possession of it while the divorce is pending. While some divorcing spouses can continue to live together in the same home during the divorce process, most parties prefer physical separation to provide for privacy, to establish appropriate boundaries of behavior, and to begin the transition to their separate future lives. Later, it must be decided whether the house will be sold or whether it will be awarded to you or your spouse.
Several factors to consider when determining the disposition of the home are:
- Who can realistically afford the mortgage and expenses associated with the home (without becoming “house poor”);
- Who has custody of the children;
- Whether the house is premarital; and
- Whether there are other assets in the marital estate to offset the value of the home.
Talk with your lawyer about your options and to consider the above and other relevant factors. If you and your spouse are unable to reach agreement regarding the house, the judge will decide who keeps it or whether it will be sold.