Does It Matter Whose Name the Property Is Titled in During a Divorce?

Hi, my name is Lauren Fields. I’m an attorney on the domestic litigation team at Roth Davies. Today I am going to answer some common questions asked to attorneys in divorce cases. Does it matter how my assets and debts are titled if they are separate in a divorce? The answer is no. In Kansas, if you have a separate titled asset, such as a individual retirement account in your name or a bank account in your name, the court can still divide that account 50/50 between you and your spouse. That is the same for debt as well. Generally speaking if you have separate debt in your name that accrued during the marriage, the court can still divide that debt in an equitable manner depending on the facts of your case.