SB 96--Am. by SCW
[As Amended by Senate Committee of the Whole]
Session of 1997
By Committee on Judiciary

10 AN ACT concerning domestic relations; relating to marital property; pro- 11 fessional goodwill; amending K.S.A. 23-201 and repealing the existing 12 section. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Section 1. K.S.A. 23-201 is hereby amended to read as follows: 23- 16 201. (a) The property, real and personal, which any person in this state 17 may own at the time of the person's marriage, and the rents, issues, profits 18 or proceeds thereof, and any real, personal or mixed property which shall 19 come to a person by descent, devise or bequest, and the rents, issues, 20 profits or proceeds thereof, or by gift from any person except the person's 21 spouse, shall remain the person's sole and separate property, notwith- 22 standing the marriage, and not be subject to the disposal of the person's 23 spouse or liable for the spouse's debts. 24 (b) All property owned by married persons, including the present 25 value of any vested or unvested military retirement pay, or, for divorce 26 matters [or separate maintenance actions] commenced on or after July 27 1, 1997, professional goodwill to the extent that it is marketable for that 28 particular professional, whether described in subsection (a) or acquired 29 by either spouse after marriage, and whether held individually or by the 30 spouses in some form of co-ownership, such as joint tenancy or tenancy 31 in common, shall become marital property at the time of commencement 32 by one spouse against the other of an action in which a final decree is 33 entered for divorce, separate maintenance, or annulment. Each spouse 34 has a common ownership in marital property which vests at the time of 35 commencement of such action, the extent of the vested interest to be 36 determined and finalized by the court, pursuant to K.S.A. 60-1610 and 37 amendments thereto. 38 Sec. 2. K.S.A. 23-201 is hereby repealed. 39 Sec. 3. This act shall take effect and be in force from and after its 40 publication in the statute book.