The division of assets can often be a source of conflict during a divorce. Among these assets, the couple’s home is usually one of the largest. In the midst of this turmoil, one question frequently arises: "Do we have to sell our house during a divorce in Kansas?" The answer, as it turns out, is not always clear-cut. Several factors come into play when making this decision.

Community Property vs. Equitable Distribution

In Kansas, the approach used to divide marital property is known as "equitable distribution." This means that instead of simply splitting assets equally, they are divided in a fair and equitable manner. The court takes into account various factors such as each spouse’s earning potential, financial contributions, and other relevant considerations when determining the distribution.

Ownership of the Home

Determining who actually owns the home is the first crucial step. If the home is solely owned by one spouse and was acquired before the marriage or through inheritance, it may not be considered marital property subject to division. However, if both spouses are listed as owners, regardless of who contributes to the mortgage payments, it is likely to be classified as marital property.

Evaluating the Value of the Home

Before making any decisions regarding the fate of the home, it’s essential to have it evaluated by a professional appraiser. This valuation will establish the home’s worth, which is necessary for the equitable distribution of assets. If one spouse wishes to retain the home, they will need to "buy out" the other spouse’s share by using assets of equivalent value.

Financial Considerations

Choosing to keep the home often presents financial challenges for the spouse who desires to retain it. They may need to refinance the mortgage under their own name, which can be difficult if their credit is poor. Moreover, they might have to contend with spousal support or child support payments, both of which can impact their financial capability to maintain the home.

Alternative Options

If neither spouse can afford to keep the home, selling it and dividing the proceeds may be the only viable solution. Nevertheless, there are alternative options to consider. With mutual agreement, the couple can choose to co-own the property and rent it out. The rental income can then be used to cover the mortgage payments and other expenses. Alternatively, one spouse may agree to continue residing in the home for a defined period of time, after which the property will be sold and the proceeds divided accordingly.

Conclusion

Deciding what to do with the family home during a divorce can be an arduous and emotionally charged process. While selling the home may seem like the best course of action in some instances, it is not invariably necessary in Kansas. By carefully evaluating ownership, value, and financial considerations, couples can explore alternative options that may better suit their individual circumstances. Seeking guidance from a reputable family law attorney can provide valuable assistance in navigating this complex process and safeguarding one’s interests throughout the divorce proceedings.