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Kansas Divorce and the House
Residency and waiting periods, how Kansas courts divide a home, temporary orders on using and selling it, fees and where to find self-help.
BasicsDividing the houseDuring the caseTitle after the decreeFAQ
Kansas requires one spouse to have lived in the state 60 days before filing, and the case cannot be heard until 60 days after filing unless a judge declares an emergency. Once filed, all property of either spouse becomes marital property, and the court may divide it in kind, award the house to one spouse with a payment to the other, or order a sale. During the case a judge may restrain both spouses from selling or mortgaging property; in Johnson County that order issues on request. The filing fee is about $195 to $197.
Basics
What are the basic Kansas divorce rules?
60 days of residency before filing and 60 days of waiting after filing.
- Residency: the petitioner or respondent must have lived in Kansas for 60 days before filing; a service member stationed at a Kansas post for 60 days may file in an adjoining county (K.S.A. 23-2703).
- Waiting period: the case cannot be heard until 60 days after filing, unless a judge enters an order declaring an emergency (K.S.A. 23-2708).
- Filing fee: Johnson County lists $196.50 (Help Center); Shawnee County lists $195.00 including the surcharge (docket fees). Confirm with the clerk.
- Forms: free from the Kansas Judicial Council; Kansas Legal Services has a Divorce 101 guide.
What happens to a house in a divorce depends on your court’s orders and your agreement. Talk to a family law attorney licensed in your state before you sign a listing, a deed or a settlement. Free or low-cost help: Kansas Legal Services (316-267-3975) or Legal Aid of Western Missouri (816-474-6750).
Dividing the house
How does a Kansas court divide the house?
Everything is in the pool once the case is filed; the court then decides each spouse’s share.
Under K.S.A. 23-2801, all property owned by either spouse, including a house titled in one name or owned before the marriage, becomes marital property when the case is filed. K.S.A. 23-2802 lets the court divide property in kind, award it to one spouse and order that spouse to pay the other a just and proper sum, or order a sale and divide the proceeds.
The court weighs 10 listed factors, including the length of the marriage, how and when the property was acquired, earning capacity, family ties and obligations, dissipation of assets and tax consequences. How those factors apply to a premarital or inherited house is a question for your attorney.
During the case
Who lives in the house, and can it be sold, while the case is pending?
A judge can decide who uses the home and can bar either spouse from selling or mortgaging property.
- Temporary orders: the judge may jointly restrain the parties from disposing of property and decide the use, occupancy, management and control of the home (K.S.A. 23-2707).
- Johnson County: a temporary restraining order issues on request of either party (Domestic Form 1). It bars selling, mortgaging or encumbering assets except ordinary expenses, court-ordered payments or with both spouses’ written consent (10th Judicial District local rule).
- Mediation: Johnson County Domestic Court Services offers mediation and conciliation (details).
Practical takeaway: if both of you want to sell before the decree, put it in writing with both attorneys’ approval, or get a court order, before you list.
Call 911 in an emergency. The National Domestic Violence Hotline is 24/7 at 1-800-799-7233 (text START to 88788). In Kansas, SafeLine is 1-888-363-2287. Missouri programs are listed by the Missouri Coalition Against Domestic and Sexual Violence.
Title after the decree
How does the title change after a Kansas divorce?
A final decree that changes title is filed with the county clerk; the lender is a separate question.
When a final district court decree changes ownership of real estate, the court clerk files it with the county clerk for the transfer records (K.S.A. 58-2242a). Deeds are recorded with the register of deeds in the county where the land sits and must be acknowledged (K.S.A. 58-2221). Ask your attorney or the title company whether a separate deed is also needed.
Changing the title does not change the mortgage. See Options, mortgage & taxes. Local context: Johnson County · Douglas County · Shawnee County · Wyandotte County.
Want the court contacts, rules, mortgage and tax rules and the options table in one place? Ask for the free KC-Area Divorce & Your Home Data Sheet.
More divorce & home guides: Divorce & your home hub · Kansas divorce & the house · Missouri divorce & the house · Options, mortgage & taxes · Selling during a divorce · How we help
FAQ
Frequently asked questions
How long do you have to live in Kansas to file for divorce?
60 days before filing, under K.S.A. 23-2703. A service member stationed at a Kansas military post for 60 days may file in a county next to the post.
Is a house I owned before marriage marital property in Kansas?
Once a divorce is filed, K.S.A. 23-2801 makes all property owned by either spouse marital property, including a house owned before the marriage. The court then decides each spouse’s share using the factors in K.S.A. 23-2802, which include how and when the property was acquired.
Can my spouse sell the house during a Kansas divorce?
A judge may restrain both spouses from selling or mortgaging property under K.S.A. 23-2707, and in Johnson County a restraining order issues on request. A sale also usually needs every owner on the title to sign. Talk to your attorney before agreeing to list.
What is the Kansas divorce filing fee?
Johnson County lists $196.50 and Shawnee County lists $195.00 including the surcharge. Confirm with your county’s district court clerk. Fee waivers may be available for people who qualify.
Who gets to stay in the house during a Kansas divorce?
The judge may decide use and occupancy of the home in temporary orders under K.S.A. 23-2707. Johnson County’s local rule says exclusive possession will not be granted without notice absent evidence of a risk of violence or other extraordinary circumstances.
Talk through the house, privately
Tell us the county and where things stand. We will start with a no-pressure value estimate both of you can see, and a plan that follows your attorneys’ advice and the court’s orders.
Wingman Real Estate – The Shopper Team · Brokered by REAL Broker, LLC · (913) 543-3332 · Angela@shopwithshopper.com · General information only, not legal, tax or lending advice; talk to an attorney licensed in your state and verify with the office named. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
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