Some more info: there are no children of the marriage, I am 40 years old, he is 59 years old. I have earned the majority of the money for the last year. His wages are low with no forseeable chance for any substantial increase before his retirement. I would consider that he keep the house, however, I do not believe that he can afford to keep it nor could he buy me out of it. The house needs alot of work which I cant afford and no refinancing is available for it because of low amount of mortgage. I am trying very hard to keep my credit intact. My solution would be to sell it as long as the note is in my name. My qustion: is it possible that he would end up with the house, and I would be stuck paying for it or filing bankruptcy? Help!
**** Kansas is an "equitable distribution" state. The court may divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse's own right after marriage, or acquired by the spouse's joint efforts.
When making the division of property, the court shall consider the age of the parties, duration of the marriage, and the property owned by the parties. They will consider both your present & future earning capacities, the time, source, and manner of acquistion of property, and family ties and obligations.
