23-201.Married persons; separate property; marital property.(a) The property, real and personal, which any person in this state mayown at the time of the person's marriage, and the rents, issues, profitsor proceeds thereof, and any real, personal or mixed property whichshall come to a person by descent, devise or bequest, and the rents, issues,profits or proceeds thereof, or by gift fromany person except the person's spouse, shall remain the person's sole andseparate property, notwithstanding the marriage, and not be subject tothe disposal of the person's spouse or liable for the spouse's debts.
(b) All property owned by married persons, including the present valueof any vested or unvested military retirement pay,or, for divorce or separate maintenance actions commenced on or after July 1,1998, professionalgoodwill to the extent that it is marketable for that particularprofessional, whether described in subsection(a) or acquired by either spouse after marriage, and whether held individuallyor by the spouses in some form of co-ownership, such as joint tenancy ortenancy in common, shall become marital property at the time of commencementby one spouse against the other of an action in which a final decree isentered for divorce, separate maintenance, or annulment. Each spouse hasa common ownership in marital property which vests at the time of commencementof such action, the extent of the vested interest to be determined andfinalizedby the court, pursuant to K.S.A. 60-1610 and amendments thereto.
History: G.S. 1868, ch. 62, § 1; R.S. 1923, 23-201; L. 1976,ch. 172, § 1; L. 1978, ch. 134, § 1; L. 1981, ch. 159, § 1;L. 1987, ch. 120, § 1;L. 1998, ch. 162, § 1; July 1.
23-201.Married persons; separate property; marital property.(a) The property, real and personal, which any person in this state mayown at the time of the person's marriage, and the rents, issues, profitsor proceeds thereof, and any real, personal or mixed property whichshall come to a person by descent, devise or bequest, and the rents, issues,profits or proceeds thereof, or by gift fromany person except the person's spouse, shall remain the person's sole andseparate property, notwithstanding the marriage, and not be subject tothe disposal of the person's spouse or liable for the spouse's debts.
(b) All property owned by married persons, including the present valueof any vested or unvested military retirement pay,or, for divorce or separate maintenance actions commenced on or after July 1,1998, professionalgoodwill to the extent that it is marketable for that particularprofessional, whether described in subsection(a) or acquired by either spouse after marriage, and whether held individuallyor by the spouses in some form of co-ownership, such as joint tenancy ortenancy in common, shall become marital property at the time of commencementby one spouse against the other of an action in which a final decree isentered for divorce, separate maintenance, or annulment. Each spouse hasa common ownership in marital property which vests at the time of commencementof such action, the extent of the vested interest to be determined andfinalizedby the court, pursuant to K.S.A. 60-1610 and amendments thereto.
History: G.S. 1868, ch. 62, § 1; R.S. 1923, 23-201; L. 1976,ch. 172, § 1; L. 1978, ch. 134, § 1; L. 1981, ch. 159, § 1;L. 1987, ch. 120, § 1;L. 1998, ch. 162, § 1; July 1.
23-201.Married persons; separate property; marital property.(a) The property, real and personal, which any person in this state mayown at the time of the person's marriage, and the rents, issues, profitsor proceeds thereof, and any real, personal or mixed property whichshall come to a person by descent, devise or bequest, and the rents, issues,profits or proceeds thereof, or by gift fromany person except the person's spouse, shall remain the person's sole andseparate property, notwithstanding the marriage, and not be subject tothe disposal of the person's spouse or liable for the spouse's debts.
(b) All property owned by married persons, including the present valueof any vested or unvested military retirement pay,or, for divorce or separate maintenance actions commenced on or after July 1,1998, professionalgoodwill to the extent that it is marketable for that particularprofessional, whether described in subsection(a) or acquired by either spouse after marriage, and whether held individuallyor by the spouses in some form of co-ownership, such as joint tenancy ortenancy in common, shall become marital property at the time of commencementby one spouse against the other of an action in which a final decree isentered for divorce, separate maintenance, or annulment. Each spouse hasa common ownership in marital property which vests at the time of commencementof such action, the extent of the vested interest to be determined andfinalizedby the court, pursuant to K.S.A. 60-1610 and amendments thereto.
History: G.S. 1868, ch. 62, § 1; R.S. 1923, 23-201; L. 1976,ch. 172, § 1; L. 1978, ch. 134, § 1; L. 1981, ch. 159, § 1;L. 1987, ch. 120, § 1;L. 1998, ch. 162, § 1; July 1.
