KS - what does community property cover?

[AmarieNorton]

What is the name of your state?What is the name of your state? KANSAS

From what I’ve researched, KS is NOT a community property state. I’m unclear on what exactly that means. I understand that any property and assets obtained BEFORE the marriage will remain separate unless I purposely put my spouses name onto my property. Meaning, my condo will remain mine only throughout and after (if that time comes) the marriage.

What about property and assets obtained DURING the marriage? If I build retirement or other types of savings will my spouse be able to get half if we get divorced in a NON community property state? It was my understand that as long as all assets remain separate (meaning we don't put each other's names on each other's stuff) we won't have to split anything if a divorce occurs.

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? KANSAS

From what I’ve researched, KS is NOT a community property state.

That is correct. Kansas is a Marital/separate property state.

I’m unclear on what exactly that means. I understand that any property and assets obtained BEFORE the marriage will remain separate unless I purposely put my spouses name onto my property.

Not entirely correct. Separate property can be 'converted' in a number of ways, including refinancing or signifigant improvement as a result of the spouses' efforts.

Meaning, my condo will remain mine only throughout and after (if that time comes) the marriage.

Depends ENTIRELY on the specific circumstances of the marriage.

What about property and assets obtained DURING the marriage? If I build retirement or other types of savings will my spouse be able to get half if we get divorced in a NON community property state?

Yes and no. That depends on how much you have accummulated PRIOR to the marriage.

It was my understand that as long as all assets remain separate (meaning we don't put each other's names on each other's stuff) we won't have to split anything if a divorce occurs.

boy are you still wet behind the ears.

I suggest you sit down with a divorce attorney to better understand what may or may not happen or, to a family law attorney for a pre-nuptial agreement.

Unless you're already married. THen you'd better make nice.

 

[AmarieNorton]

You're right, at the very least I'll probably need a prenup which I didn't think I'd need cause I didn't plan on combining any assets. I better get on the ball, the wedding is Dec 31st!

 

[AmarieNorton]

Also, can anyone tell me why it's important for both parties to have their own attourney to create a prenup? If both parties agree on everything, why can't they use the same lawyer?

 

[BelizeBreeze]

Also, can anyone tell me why it's important for both parties to have their own attourney to create a prenup? If both parties agree on everything, why can't they use the same lawyer?

That is a personal decision.

 

[AmarieNorton]

So it's not a requirement for both parties to have different attorneys? I thought that if both parties didn't have different attorneys then later a judge would throw out the prenup.

If we get the prenup it'll be fair on both sides, I don't get any of his premarital crap and he doesn't get any of mine. I don't take on any of his debts and he doesn't take on mine, and so forth. Pretty straightforward.

Thanks so much for all of your responses!

 

[Zephyr]

So it's not a requirement for both parties to have different attorneys? I thought that if both parties didn't have different attorneys then later a judge would throw out the prenup.

If we get the prenup it'll be fair on both sides, I don't get any of his premarital crap and he doesn't get any of mine. I don't take on any of his debts and he doesn't take on mine, and so forth. Pretty straightforward.

Thanks so much for all of your responses!

the attorney will technically only represent one of the parties even though they are drafting a document for both, so only one parties interests are really being protected. so if you both want to be covered then you should both have an attorney.

 

[BelizeBreeze]

So it's not a requirement for both parties to have different attorneys? I thought that if both parties didn't have different attorneys then later a judge would throw out the prenup.

Where are you getting this stuff?

If we get the prenup it'll be fair on both sides, I don't get any of his premarital crap and he doesn't get any of mine. I don't take on any of his debts and he doesn't take on mine, and so forth. Pretty straightforward.

Thanks so much for all of your responses!

That's how my divorce was handled....one attorney, one issue...the children.
See what happens when adults work out their problems?