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10  AN ACT concerning domestic relations; relating to marital property; pro-
11    fessional goodwill; amending K.S.A. 23-201 and repealing the existing
12    section.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 23-201 is hereby amended to read as follows: 23-
16  201. (a) The property, real and personal, which any person in this state
17  may own at the time of the person's marriage, and the rents, issues, profits
18  or proceeds thereof, and any real, personal or mixed property which shall
19  come to a person by descent, devise or bequest, and the rents, issues,
20  profits or proceeds thereof, or by gift from any person except the person's
21  spouse, shall remain the person's sole and separate property, notwith-
22  standing the marriage, and not be subject to the disposal of the person's
23  spouse or liable for the spouse's debts.
24    (b)  All property owned by married persons, including the present
25  value of any vested or unvested military retirement pay, or, for divorce
26  matters [or separate maintenance actions] commenced on or after July
27  1, 1997, professional goodwill to the extent that it is marketable for that
28  particular professional, whether described in subsection (a) or acquired
29  by either spouse after marriage, and whether held individually or by the
30  spouses in some form of co-ownership, such as joint tenancy or tenancy
31  in common, shall become marital property at the time of commencement
32  by one spouse against the other of an action in which a final decree is
33  entered for divorce, separate maintenance, or annulment. Each spouse
34  has a common ownership in marital property which vests at the time of
35  commencement of such action, the extent of the vested interest to be
36  determined and finalized by the court, pursuant to K.S.A. 60-1610 and
37  amendments thereto.
38    Sec. 2.  K.S.A. 23-201 is hereby repealed.
39    Sec. 3.  This act shall take effect and be in force from and after its
40  publication in the statute book.