Foote v. Foote

Citations

• 103 Kan. 279
• 173 P. 290
• 1918 Kan. LEXIS 244

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Divorce — Alimony—Property Acquired by Joint Efforts of Both Parties —Equitable Division. Where a husband and wife acquire a tract of land out of the public domain by their compliance -with the provisions of the federal homestead act — by their settlement, improvement, continued residence upon and cultivation of the land for a period of years —such land is acquired-by the joint efforts of both husband and wife, within- the meaning of section 673 of the civil code; and as an incident to a divorce action the trial court has authority to make an equitable division of such land between the parties; and in such an action it is immaterial that the original homestead filing and the government patent were in the name of the wife.</p>