23-2601.
Married persons; separate property; marital property.
The property, real and personal, which any person in this state may own at the time of the person's marriage, and the rents, issues, profits or proceeds thereof, and any real, personal or mixed property which shall come to a person by descent, devise or bequest, and the rents, issues, profits or proceeds thereof, or by gift from any person, shall remain the person's sole and separate property, notwithstanding the marriage, and not be subject to the disposal of the person's spouse or liable for the spouse's debts, except as provided in K.S.A. 33-101 et seq. and 33-201 et seq., and amendments thereto.
History:
L. 2011, ch. 26, § 3; L. 2013, ch. 124, § 1; July 1.
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 2016–2025 · leading case:
In re Marriage of Meek (Kan. Ct. App. 2024).
In re Marriage of Meek (Kan. Ct. App. 2024).
· cites it 8× “In Kansas when the parties' property is not subject to division under some other agreement, upon commencement of divorce, annulment, or separate maintenance actions all property owned by married persons—whether maintained or defined as separate property under K.S.A. 23-2601 or…”
St. Catherine Hosp. v. Alvarez, 383 P.3d 184 (Kan. Ct. App. 2016).
“62; see also K.S.A. 2015 Supp. 23-2601 (now applying to both husbands and wives); 2 Elrod, Kansas Law & Practice, Kansas Family Law § 10:1 (2015).”
In re Marriage of Meek (Kan. 2025).
· cites it 2× “First, K.S.A. 23-2601 defines separate property in a marriage as follows: "The property, real and personal, which any person in this state may own at the time of the person's marriage, and the rents, issues, profits or proceeds thereof, and any real, personal or mixed property…”
In re Marriage of Bowers & Potts (Kan. Ct. App. 2023).
“whether described in K.S.A. 23-2601 . . . or acquired by either spouse after marriage, and whether held individually or by the spouses in some form of co-ownership .”
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