Legal Question in Family Law in Kansas

Re: dividing stock

The first principle to remember is that Kansas is an equitable property state, so the divorce court CAN award the property to either party in order to be fair overall.

However, most Kansas courts take the position that only the entry value of an asset is retained by the originating party.

For example, the Johnson County District Court Family Law Guidelines instruct that:

Individual property is defined as follows:

(1) The entry value of property owned by either party prior to the

marriage, and brought into the marriage; and/or

(2) The entry value of property received during the marriage by will or inheritance from the party’s family member.

It is the relationship of the donor(s) to the party in the marriage and not the designated donee or intent at the time of the gift that will determine the nonmarital/

individual status of the property; and/or

(3) The entry value of the property received during the marriage by gift

from someone other than the spouse or children of the parties. It is

the relationship of the donor(s) to the party in the marriage and not

the designated donee or intent at the time of the gift that will

determine the non-marital/individual status of the property.

Restoring Individual Property: As a general rule, individual property will

not be divided, but restored to the party for or by whom it was acquired before consideration of the division of mutual property. The individual property should be restored at its entry value. Entry value is the value of the particular individual asset

at the time that the parties were married or the asset came into the marriage.