${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

What is considered marital property during divorce?

99891587_S.jpgMarital property and what it includes is important to be familiar with because it determines what property is divided during divorce. Marital property is subject to division during the divorce process, while separate property, which it differs from, is not subject to the property division process during divorce.

Different states follow different property division rules during divorce. States are divided into either community property or equitable property division states depending on how property is divided when couples divorce. Kansas is an equitable property division state which means that it follows equitable division principles when property is divided between divorcing couples. In general, equitable division refers to fairly divided property while community property division refers to property being divided in half between the divorcing couple.

Marital property and what it is plays such an important role in this process because, as a general rule, only marital property is divided when a couple divorces. Marital property typically refers to assets and property acquired during the marriage. Separate property, commonly not subject to division with some exceptions, includes property one of the spouses entered the marriage with, inheritances, gifts and personal injury awards. Debts are also fairly divided but there are some exceptions of which divorcing couples should be aware.

A third category of property, commingled property, can also impact the divorcing couple's property division process so it is helpful to be familiar with how property can be commingled. Property division, though it can have certain complexities, is generally straightforward to understand and is something divorcing couples should understand so they can anticipate how to best resolve their property division agreement according to the process followed in their state.

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Stange Logo

Stange Law Firm, PC
800 SW Jackson Street
Suite 812
Topeka, Kansas 66612

Phone: 417-799-7887
Fax: 417-799-3344
Springfield, MO Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806: Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 25 Professional Park, Suite B, Maryville, Illinois 62062: Maryville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Tulsa County: 6660 S. Sheridan Road, Suite 240, Tulsa, Oklahoma 74133 Tulsa Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.