Law Review and Bar Journal References:

Act discussed, 9 K.L.R. 333, 335, 336 (1961).

Liability of a spouse, 1 K.L.R. 63 to 71 (1952).

Property rights in divorce and separate maintenance cases, Dan Hopson, Jr., 30 J.B.A.K. 303 (1962).

Antenuptial torts, Peter K. Curran, 14 K.L.R. 124 (1965).

Interspousal immunity to personal tort, Larry A. Withers, 6 W.L.J. 199, 200, 203, 204 (1966).

"Women Under the Law: The Pedestal or the Cage?," Louise A. Wheeler, 43 J.B.A.K. 25, 26 (1974) (Incorrectly cited as K.S.A. 23-210).

Purpose of subsection (b) explained in "Legislation 1978," David J. Heinemann, 47 J.B.A.K. 81, 91, 92 (1978).

Section, as amended by 1978 Senate Bill 907, extensively discussed, Keith (Casey) D. Cohen, 47 J.B.A.K. 275 (1978).

"Taxation: Taxability of Property Transferred Pursuant to Divorce Decree," Janet Amerine, 18 W.L.J. 397, 403 (1979).

"Survey of Kansas Law: Family Law," Camilla Klein Haviland, 27 K.L.R. 241, 246, 248 (1979).

"Survey of Kansas Law: Taxation," R. Chris Robe, 27 K.L.R. 313, 319 (1979).

"When is 'Alimony' Not Alimony Under Kansas Law?" Patrick J. Regan and Philip J. Erbacher, 20 W.L.J. 495 (1981).

"Survey of Kansas Law: Family Law," 29 K.L.R. 511 (1981).

"Torts—Interspousal Immunity in Kansas: A Vestige of a Bygone Era—Guffy v. Guffy," Catherine Hauber, 30 K.L.R. 611, 613, 616, 618 (1982).

"Congress Tackles Domestic Relations Issues—A Look at the Changes in Divorce Taxation and Child Support Enforcement," Linda D. Elrod, 53 J.K.B.A. 283 (1984).

"Family Law: Professional Degrees in 1986—Family Sacrifice Equals Family Asset," David R. Mitchell, 25 W.L.J. 276, 297, 298 (1986).

"Divorces in the Military—More Questions Than Answers," Michael Crow, 12 J.K.T.L.A. No. 1, 18 (1988).

"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801, 806 (1989).

"Calculating Future Income: An Approved Approach For Tort Cases and Military Divorces?" Susan Jacobson, J.K.T.L.A., Vol. XII, No. 6, pp. 4-5 (1989).

"Bankruptcy and Divorce in Kansas," J. Scott Pohl and C. J. Wahrman, 29 W.L.J. 551, 583 (1990).

"Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy," John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25, 28, 29 (1991).

"Family Law: Divorce—Consideration of Fault in Property Division and Maintenance Decisions [In re Marriage of Sommers, 246 Kan. 652, 792 P.2d 1005 (1990)]," Marti Crow, 30 W.L.J. 525, 526 (1991).

"Non-Marital Property in Divorce Fact or Fiction?" Michael W. Laster, J.K.T.L.A. Vol. XVII, No. 2, 19, 20 (1993).

"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).

"Mine, Yours and Ours: Identifying and Dividing Material Property in an Action for Divorce, Separate Maintenance or Annulment," Douglas C. Cranmer and Jeffrey N. Lowe, 33 J.K.A.J., No. 5, 17 (2010).

Attorney General's Opinions:

Parimutuel commissioner's spouse is not prohibited from owning a horse entered in Kansas races. 92-75.

CASE ANNOTATIONS

1. Personal judgment in foreclosure is lien upon separate property. Tarr v. Friend, 6 Kan. App. 48, 49 P. 633.

2. Wife purchasing property from husband in good faith, purchase valid. Going v. Orns, 8 Kan. 85, 87.

3. Loan by wife to husband creates valid indebtedness. Monroe v. May, Weil & Co., 9 Kan. 466, 470.

4. May make contracts concerning her separate property, as if unmarried. Knaggs v. Mastin, 9 Kan. 532, 547.

5. Wife purchasing personalty from husband in good faith, purchase valid. Faddis v. Woolomes, 10 Kan. 56.

6. Gifts to wife by husband, property still liable for debts. Citizens' Bank v. Bowen, 21 Kan. 354, 364.

7. Property of wife managed by husband, income property of wife. Parker v. Bates, 29 Kan. 597, 599.

8. Husband not liable for slanderous words spoken by wife. Norris v. Corkill, 32 Kan. 409, 411, 4 P. 862.

9. Wife may maintain action for her own independent actions. City of Wyandotte v. Agan, 37 Kan. 528, 530, 15 P. 529.

10. Wife is clothed with power to manage her own affairs. Munger v. Baldridge, 41 Kan. 236, 241, 21 P. 159. Questioned: Nagle v. Tieperman, 74 Kan. 32, 42, 85 P. 941, 88 P. 969.

11. No evidence of consideration; deed to husband considered trust. Carter v. Becker, 69 Kan. 524, 529, 77 P. 264.

12. Coverture not ground for declaring contract of married woman invalid. Harrington v. Lowe, 73 Kan. 1, 19, 84 P. 570.

13. Wife may acquire tax title to husband's land. Nagle v. Tieperman, 74 Kan. 32, 85 P. 941. Rehearing: 74 Kan. 53, 88 P. 969.

14. Tax on realty of one spouse no obligation against other. Nagle v. Tieperman, 74 Kan. 32, 85 P. 941. Rehearing: 74 Kan. 53, 88 P. 969.

15. Married woman's real estate; liability for material under husband's contract. Garrett v. Loftus, 82 Kan. 556, 109 P. 179.

16. Conveyance to husband and wife vests one-half interest in wife. Olson v. Peterson, 88 Kan. 350, 359, 128 P. 191.

17. Antenuptial oral contract, reduced to writing after marriage, held valid. Eberhart v. Rath, 89 Kan. 329, 333, 131 P. 604.

18. Husband's interest in land conveyed by wife; recovery by husband. Murray v. Murray, 102 Kan. 184, 187, 170 P. 393.

19. Conveyance of real estate to spouse through third party held valid. Brecheisen v. Clark, 103 Kan. 662, 667, 176 P. 137.

20. Transfer of realty directly from spouse to spouse, valid. Brecheisen v. Clark, 103 Kan. 662, 667, 176 P. 137.

21. Wife equal to husband in marriage relation; same property rights. Putnam v. Putnam, 104 Kan. 47, 53, 177 P. 838.

22. Common-law rule of unity of property rights of husband and wife abrogated. State v. Koontz, 124 Kan. 216, 257 P. 944.

23. Gift to wife by husband, property still liable for debts. Waltz v. Sheetz, 144 Kan. 595, 603, 61 P.2d 883.

24. Cited in upholding division of property in divorce decree. Elliott v. Elliott, 154 Kan. 145, 150, 114 P.2d 823.

25. Statutes of limitation run as between husband and wife. In re Estate of Crawford, 155 Kan. 388, 391, 125 P.2d 354.

26. Mentioned; tort action for damages not maintainable by one spouse against the other. Sink v. Sink, 172 Kan. 217, 218, 239 P.2d 933.

27. Article mentioned; petition for alienation of affections held insufficient. Curry v. Kline, 187 Kan. 109, 111, 353 P.2d 508.

28. Discussed in opinion awarding to nonresident one-half of deceased husband's property held in trust. Ackers v. First National Bank of Topeka, 192 Kan. 319, 326, 387 P.2d 840.

29. Mentioned in opinion holding wife has no cause of action for loss of consortium resulting from husband's injuries. Hoffman v. Dautel, 192 Kan. 406, 414, 388 P.2d 615.

30. Plaintiff may, after becoming wife of defendant, continue action against husband for alleged tortious act. O'Grady v. Potts, 193 Kan. 644, 647, 649, 396 P.2d 285.

31. Application and purpose considered; not in conflict with K.S.A. 60-1610(b); division of property in divorce action. Harrah v. Harrah, 196 Kan. 142, 144, 145, 146, 147, 409 P.2d 1007.

32. Cited in case concerning recovery of welfare payments against deceased wife's estate. State Department of Social Welfare v. Dye, 204 Kan. 760, 761, 764, 466 P.2d 354.

33. Referred to in holding garnishment of joint tenancy account severed relationship; presumption of ownership. Walnut Valley State Bank v. Stovall, 223 Kan. 459, 464, 574 P.2d 1382.

34. Subsection (b) enacted to make property acquired during marriage and transferred from one spouse to the other a nontaxable event; enactment did not alter prior or existing Kansas divorce law. Wachholz v. Wachholz, 4 Kan. App. 2d 161, 162, 163, 603 P.2d 647.

35. Property owned by either party to marriage including prior acquired property, subject to division in divorce proceeding; no conflict between K.S.A. 23-201 and K.S.A. 60-1610. Redmond v. Redmond, 229 Kan. 565, 629 P.2d 142 (1981).

36. Cited in holding one spouse may not sue the other for torts occurring during marriage. Guffy v. Guffy, 230 Kan. 89, 90, 95, 104, 631 P.2d 646 (1982).

37. There is no spousal immunity for willful and intentional torts; wrongful death cause of action exists against decedent's spouse. Stevens v. Stevens, 231 Kan. 726, 728, 647 P.2d 1346 (1982).

38. Divorce decree created lien on marital property awarded to defendant and later claimed as homestead. Bohl v. Bohl, 234 Kan. 227, 231, 670 P.2d 1344 (1983).

39. Spouse may maintain action against the other for tortious personal injury occurring during the marriage. Flagg v. Loy, 241 Kan. 216, 218, 219, 734 P.2d 1183 (1987).

40. Section noncontrolling; before division parties' property not subject to execution on judgment obtained against one spouse during pendency of divorce action. In re Marriage of Smith, 241 Kan. 249, 251, 252, 737 P.2d 469 (1987).

41. Spouse does not acquire joint interest in all property belonging to other spouse by virtue of marriage. In re Oetinger, 49 B.R. 41, 43 (1985).

42. Purpose of statute in allowing court's flexibility in dividing assets in marriage terminations examined. In re Schroeder, 62 B.R. 604, 605, 606 (1986).

43. Farmer debtor's wife, herself a farmer debtor, as not entitled to exempt farm equipment as tools of her trade examined. In re Goebel, 75 B.R. 385, 386 (1987).

44. Assets arising from personal injury settlement are subject to division in divorce case. In re Marriage of Powell, 13 Kan. App. 2d 174, 179, 180, 766 P.2d 827 (1989).

45. Present value of vested or unvested military retirement pay becomes marital property at commencement of action for divorce. In re Marriage of Harrison, 13 Kan. App. 2d 313, 315, 769 P.2d 678 (1989).

46. Retirement benefits from U.S. Postal Service construed as marital property to be considered in property award under K.S.A. 60-1610. In re Marriage of Sommers, 246 Kan. 652, 660, 792 P.2d 1005 (1990).

47. Filing joint income tax return does not convert income of one spouse into the income of the other; does not create a new property interest. Parkman v. Farr, 16 Kan. App. 2d 572, 573, 827 P.2d 769 (1992).

48. Life insurance policy properly considered marital property. Willoughby v. Willoughby, 758 F. Supp. 646, 649 (1990).

49. Historical form of "doctrine of necessaries," while unconstitutional, expanded to apply to husbands and wives equally. St. Francis Regional Med. Center, Inc. v. Bowles, 251 Kan. 334, 339, 836 P.2d 1123 (1992).

50. Municipal pension earned during marriage considered as marital property for divorce property division purposes. In re Marriage of Sedbrook, 16 Kan. App. 2d 668, 676, 677, 678, 682, 684, 827 P.2d 1222 (1992).

51. Absent supreme court guidelines, trial court may refuse to restore nonmarital property or credit gifts acquired during marriage. In re Marriage of Schwien, 17 Kan. App. 2d 498, 504, 505, 839 P.2d 541 (1992).

52. Security interest in wife's interest in equipment unperfected where financing statement did not list her name. In re Griffin, 141 B.R. 207, 208, 210 (1992).

53. Under facts of case date of filing divorce petition is date for valuing marital property. In re Marriage of Cray, 18 Kan. App. 2d 15, 18, 20, 846 P.2d 944 (1993).

54. Whether section specifies a particular date for valuation of marital assets for division of property purposes examined. In re Marriage of Cray, 254 Kan. 376, 380, 383, 867 P.2d 291 (1994).

55. Whether one spouse has any interest in separate property of other spouse absent divorce petition examined. In re Brollier, 165 B.R. 286, 291 (1994).

56. Whether debtor's wife as spouse and co-owner had right of first refusal to purchase property at proposed sale price examined. In re Brollier, 165 B.R. 286, 291 (1994).

57. Whether compensating lien granted to former husband in homestead could be avoided pursuant to bankruptcy lien avoidance provision examined. In re Hilt, 175 B.R. 747, 749, 751 (1994).

58. Post petition provisions of military retirement pay was wife's separate and sole property. In re Albert, 187 B.R. 697, 699 (1995).

59. Division in divorce action of intellectual property despite absence of current dollar value not erroneous. In re Marriage of Monslow, 259 Kan. 412, 424, 912 P.2d 735 (1996).

60. Change of life insurance beneficiary during pending divorce by wife who died before divorce granted upheld. Wear v. Mizell, 263 Kan. 175, 177, 179, 183, 946 P.2d 1363 (1997).

61. Trial court affirmed although application of concept of species of common or co-ownership in all marital property was not applicable. In re Marriage of Watson, 29 Kan. App. 2d 12, 22 P.3d 1081 (2001).

62. Property settlement at time of divorce is abrogated upon remarriage of parties; any executory part of settlement is unenforceable absence evidence parties intended settlement to be a prenuptial agreement. In re Marriage of Allen, 31 Kan. App. 2d 31, 59 P.3d 1030 (2002).

63. Marital property does not include pension or retirement plans not yet in existence at the time of the divorce. In re Marriage of Crane, 36 Kan. App. 2d 677, 681, 143 P.3d 87 (2006).

64. Commencement of divorce proceeding creates marital estate with each party having common ownership in the marital property. In Re Gabel, 353 B.R. 295, 298 (Bkrtcy D. Kan. 2006).

65. Cited; all property of the parties, however acquired, comes under jurisdiction of divorce court. In re Marriage of Takusagawa, 38 Kan. App. 2d 401, 166 P.3d 440 (2007).

66. When divorce case is filed, a marital estate is created. In re Wright, 371 B.R. 472, 477 (2007).

67. Whether married couple co-owned personal property is based upon their intent and conduct. In re Estate of Lane, 39 Kan. App. 2d 1062, 1068, 1074, 188 P.3d 23 (2008).

68. Marital adjustment for the mortgage payments is disallowed under facts of the case. In re Vollen, 426 B.R. 359 (2010).

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