Are Trusts Marital Property?

Clients often assume that if they have placed property in a trust, it is not subject to division by the Court in a divorce, but this is not necessarily true and can be a complex issue. Kansas Kansas takes a particularly broad approach to marital property. Under K.S.A. 23-2801, property owned by either spouse generally becomes marital property when the divorce action is commenced and a final decree is entered, regardless of whether it is held individually or jointly. For trusts, the important distinction is that the court looks beyond the title or form of ownership. A trust is [...]