How to Protect Inheritance in a Kansas Divorce
As you plan for divorce in Kansas, a prime consideration is protecting your financial status. Although marital property is subject to what is known as equitable division in Kansas, not all property you own is an asset of the marriage, according to Kansas Statutes Annotated. For example, the general rule in Kansas is that inheritance is not marital property and not subject to division between spouses in a divorce proceeding. Facing a divorce, you need to understand the process for protecting inheritance in a Kansas divorce.
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Instructions
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Obtain a financial affidavit from the clerk of the court where your divorce case is pending. The financial affidavit is a standard form used to outline your assets and debts, under oath.
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Include the inheritance you received both in an estimated dollar amount and by identifying the specific source on the financial affidavit.
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Designate specifically that the inheritance is a non-marital asset on the financial affidavit form.
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File the financial affidavit with the clerk of the court and send a copy to your spouse.
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Request a motion to exclude assets form from the court clerk.
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Prepare the motion, setting forth the facts supporting your contention that the inheritance is protected in your divorce and not shared with your spouse. Attach a copy of the financial affidavit to the motion.
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File the motion with the court clerk. Obtain a hearing date on your motion from either the court clerk or the administrative assistant to the judge assigned your case.
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Send a copy of the motion to your spouse, together with the date and time of the hearing.
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Attend the hearing to present evidence supporting that the inheritance directly benefited you and not your spouse, that the property from the inheritance is not a marital asset.
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Tips & Warnings
Protecting property in divorce proceedings is challenging. Consider hiring a lawyer to assist you with this issue. The Kansas Bar Association maintains a directory of attorneys across the state who practice in different areas of the law, including experienced divorce attorneys.
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