Q: Am I entitled to joint assets in Kansas divorce if wife blocked access to account?
I'm currently in the process of getting a divorce after being married for 9 years in Kansas. My name is on the joint checking account and the deed to our home. During the divorce, my wife, who earns more than I do, transferred all the money from our joint account into another account, blocking my access. There are no prenuptial or postnuptial agreements and no court orders about the division of assets. I've had to leave our home due to her abusive behavior, which I've reported to the police. My attorney has stated that I won't receive any joint assets but is no longer able to represent me due to costs. Given these circumstances, am I entitled to any share of the joint checking account or the proceeds if the house is sold?
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A:
In Kansas, during a divorce, assets like a joint checking account and the deed to a home are typically subject to equitable distribution, meaning they should be divided fairly, though not necessarily equally. Since your name is on the joint checking account and the deed to the house, you may be entitled to a share of these assets, even if your wife has blocked your access or moved the money. The fact that she transferred the funds without your consent could be seen as improper handling of joint property, which might affect the division of assets.
Your attorney’s statement that you won't receive any joint assets may not be correct, especially if the assets are part of the marital estate. The abusive behavior you mentioned is also important, as courts can consider factors like domestic abuse when making decisions about property division. It’s essential to document everything, including the police reports and any actions your wife has taken to hide or transfer assets.
Since your attorney is no longer able to represent you, you should consider seeking another attorney or exploring legal aid options to ensure your rights are protected. You are entitled to a fair share of the marital assets, and the court will decide based on the circumstances, including the division of the checking account and any proceeds from the sale of the house.
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