Legal Question in Family Law in Kansas
Two brothers own 160 acres, if one brother gets married then divorced will the ex-wife be entitled to a third of the land? thanks Kansas
Asked on 1/17/10, 8:24 am
1 Answer from Attorneys
Rian Ankerholz
Ankerholz and Smith
Certainly not automatically. Kansas is an equitable property state. In a divorce action, the judge can award property to either of the divorcing parties, depending on all circumstances. One of the factors is the origin of the property. Because the property was in the family before marriage, the entry value of the property will likely stay with the brother who brought it into the marriage. Much of this issue can be avoided by the preparation of a premarital agreement. An experienced family law attorney will be able to help.
Answered on 1/22/10, 8:54 am