Legal Question in Family Law in Kansas

family law

What is meant by an "equitable division of property"?

Is it an absolute 50/50 split or just dividing things as nearly equal as possible ?

Asked on 5/03/00, 1:04 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.
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Re: family law

Equitable means fair. The way property is divided can be different for different families. For example, if family A has 3 children and the mother will assume residential custody of the kids, it may be "fair" that she gets most of the property. If family B is a couple, both working making similar incomes, then a 50-50 split may be equitable. If family C is a couple but the wife has inherited the house and furniture from her deceased parents, she would get all of the inherited property as her separate property, while the remaining property would be divided 50-50. There are endless possibilities.

Look at the real needs and ascertain what is genuinely fair.

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Answered on 6/19/00, 10:55 am
Bonnie Selby Bonnie J. Selby, Attorney at Law
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Re: family law

Mr. Lundgren is correct in advising that each family situation may reflect different needs for each party involved. ..and the KS Court will take into consideration the age, level of education, earning capabilities of each party, just to mention a few. .equitable does not necessarily mean 50/50 in a KS Domestic Court.

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Answered on 6/25/00, 8:55 pm

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