Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #316:
In May of 2009 I moved to NY from Kansas. In August of 2009 I married a NY resident. In August of 2010 I moved back to Kansas and we are still married.
My name is not on the home deed or mortgage but after almost 6 years do I have any claim to the property or his 401K in the event of a divorce?
Thank you.
Answer:


Because you are living in Kansas since 2010, you would have to file in Kansas, not NY.
Kansas is an Equitable Distribution state meaning that generally any property ( including the house and 401K) acquired during the marriage with funds earned during the marriage (excludes funds received as an inheritance or gift from a parent) are considered Marital Property, regardless of in whose name the property is held and will be divided approximately 50 -50, with the court retaining discretion to make a different division based on extenuating circumstances.

Good Luck,

Leonard Weiner, Esq./Divorce Solutions
212-370-1660
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