They are not legally divorced yet so, under California law, the child is presumed his

Jan 4, 2013 10:42 GMT  ·  By

Kanye West and Kim Kardashian are expecting their first child together, as they announced in the final hours of 2012. Legally though, because she’s still married to Kris Humphries, Kris is the presumed father.

Granted, this is just a technicality that will probably amount to nothing, but it serves to show how the life of any Kardashian, Kim in particular, is playing out like one of those Latin American culebrones / soap operas / telenovelas.

As TMZ points out, if Kris really set his mind to it, he could really cause some trouble in the divorce.

“They've been separated for more than a year, but that don't matter much in California, where the husband of a pregnant woman is PRESUMED to be the father,” TMZ writes.

“Translation – Kris Humphries has the edge going in as Kim Kardashian's baby daddy. If he were to lay claim to the kid, Kim and Kanye would have to present ‘clear and convincing evidence’ to a judge that Kanye [is the father],” the report further notes.

Elsewhere in the tabs, all signs point to the fact that Kris is more concerned about getting more money from Kim than laying any claim on her unborn child.

According to Radar Online, the curvaceous reality star is seething that he’s deliberately dragging on the divorce proceedings in a desperate bid to get more money out of her and, in the process, cause more damage to her brand.

“Kim is seeing red because she is still legally married to Kris Humphries. Kim is overjoyed at the news that she is pregnant with Kanye’s baby, but she isn’t able to fully embrace it because of Kris,” says an insider.

For those who have no idea where all this started, we might as well mention that, back in 2011, Kim was married for 72 days to Kris. She filed for divorce citing irreconcilable differences, but he responded by asking for an annulment on the basis of fraud.

If Kim grants Kris an annulment, that means their prenup no longer holds water, which could entitle him to more money – money that they made as a couple during their short-lived marriage and doomed (and reportedly staged) romance.