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I plan to file for divorce but I wanted to know if my

Customer Question
I plan to file...

I plan to file for divorce but I wanted to know if my husband on 2.9 years has any right to my house, since I owned it before the marriage and it is only in my name and the inheritance I got last year from my grandfather

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Johnson County Kansas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 6 months ago.Category: Legal
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Answered in 1 minute by:
1/19/2018
Lawyer: LegalKnowledge, Attorney replied 6 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,796
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 6 months ago

Good morning. Please allow me a moment to respond.

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Customer reply replied 6 months ago
ok
Lawyer: LegalKnowledge, Attorney replied 6 months ago

You should have a valid argument to make, that he should not share in any interest in either the home or the inheritance unless he can show that his direct contributions increased its value or amount. During your divorce proceedings Kansas statute directs that “the decree shall 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 spouses’ joint efforts, by: (A) a division of the property in kind; (B) awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum or (C) ordering a sale of the property, under conditions prescribed by the court, and dividing the proceeds of the sale.” All of the assets and debts owned by the parties, individually or jointly, at the time the divorce is filed comprise the “marital estate.” The court is required to make an equitable division of the marital estate, which does not necessarily mean an “equal” division. Although the court will generally award each party the separate property he or she owned prior to marriage and divide that property acquired during the marriage, it is possible that separate property will be included in the court’s division.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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