Key Takeaways
- Kansas recognizes several forms of property ownership including sole ownership, tenancy in common, joint tenancy, and tenancy by the entirety
- Joint tenancy requires the four unities: time, title, interest, and possession, plus right of survivorship
- Tenancy by the entirety is available only to married couples and provides protection from individual creditors
- Kansas is NOT a community property state - it follows common law property principles
- Homestead protection in Kansas provides exemption from certain creditor claims for the family home
Last updated: January 2026
Kansas Property Ownership
Kansas recognizes several forms of property ownership, each with different characteristics for inheritance, liability, and transfer.
Forms of Ownership
Sole Ownership (Severalty)
| Feature | Description |
|---|---|
| Owner | One person only |
| Control | Complete control |
| Transfer | Can sell or convey freely |
| Death | Passes by will or intestacy |
Tenancy in Common
| Feature | Description |
|---|---|
| Owners | Two or more persons |
| Shares | Can be equal or unequal |
| Survivorship | No - passes to heirs |
| Transfer | Can sell share without consent |
Joint Tenancy
| Feature | Description |
|---|---|
| Owners | Two or more persons |
| Shares | Must be equal |
| Survivorship | Yes - passes to surviving owners |
| Four unities | Time, Title, Interest, Possession |
The Four Unities Required:
| Unity | Meaning |
|---|---|
| Time | All owners acquire at same time |
| Title | All acquire by same deed |
| Interest | All have equal shares |
| Possession | All have right to entire property |
Tenancy by the Entirety
| Feature | Description |
|---|---|
| Owners | Married couples only |
| Survivorship | Yes - automatic |
| Creditor protection | Individual debts cannot attach |
| Transfer | Both must consent to sell |
Key Point: Kansas is one of the states that recognizes tenancy by the entirety for married couples, providing significant creditor protection.
Kansas is NOT a Community Property State
Kansas follows common law property principles, not community property:
| Community Property States | Kansas (Common Law) |
|---|---|
| Property acquired during marriage owned equally | Property owned by whoever holds title |
| 9 states use this system | Title determines ownership |
| California, Texas, etc. | Spousal consent may still be required |
Spousal Rights in Kansas
Even though Kansas is not a community property state:
| Right | Description |
|---|---|
| Homestead | Spouse must sign to convey |
| Marital property | Subject to equitable division in divorce |
| Elective share | Surviving spouse can elect share of estate |
Homestead Protection
Kansas provides homestead protection for family homes:
| Feature | Details |
|---|---|
| Urban homestead | 1 acre within city limits |
| Rural homestead | 160 acres outside city |
| Protection | Exempt from most creditor claims |
| Exceptions | Mortgages, taxes, mechanics liens |
Homestead Exemptions
The homestead is protected from:
| Protected From | Not Protected From |
|---|---|
| General creditors | Purchase money mortgage |
| Judgment liens | Property tax liens |
| Medical bills | Mechanic's liens |
| Credit cards | Home improvement loans (secured) |
Kansas Marital Property
During Marriage
| Type | Description |
|---|---|
| Separate property | Owned before marriage, gifts, inheritance |
| Marital property | Acquired during marriage by either spouse |
In Divorce
Kansas uses equitable distribution:
| Principle | Application |
|---|---|
| Fair division | Not necessarily 50/50 |
| Factors considered | Length of marriage, contributions, needs |
| Court discretion | Judge determines fair split |
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Test Your Knowledge
Which form of ownership is only available to married couples in Kansas?
A
B
C
D
Test Your Knowledge
Which is NOT one of the four unities required for joint tenancy in Kansas?
A
B
C
D
Test Your Knowledge
Is Kansas a community property state?
A
B
C
D