LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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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 six years, do I have any claim to the property or his 401K in the event of a divorce? Thank you.

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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