How gets the house

My name is on house, which I have has since 1997. We never added my husband on my house since he has really bad credit. We are talking about divorcing and he is threatening me that he will take my house or at least the equity that is there. Does he have the right to the equity while we have been married? We got married 7/25/15 but he moved into my house in March 2013. I have been the one that has always paid the bills and he has had jobs for a couple of months at a time until he gets fired and then sues the employer for disablility issues. He has had brain surgery and has diabetics so he uses those for this favor for the lawsuits. Can he get any part of my house? Also, what is the law in terms of when/if he would have the right to my IRA savings?

Asked on October 3, 2017 under Family Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally speaking, the state of Kansas divides property in two ways: marital and separate.  Separate property is property owned before marriage or acquired during marraige by gift or inheritance.  Property that is separate can become marital under certain circumstances (or the equity increase in the property can) so long as the nontitle owner contributed to its increase.  That would be called "active" rather than "passive" increase (passive is if the market increased on its own; active is if he put on a new roof himself).   You have been marroied a very short time and from what you have said here it seems he has not done much to contribute to the increase in value of the home. The IRA value would be from the time you were married to the time you file for divorce.  File now and stop the clock running.  Good luck.

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