{"id":373567,"date":"2016-03-31T21:35:22","date_gmt":"2016-04-01T02:35:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kentucky-law\/kentucky-marital-property-laws.html"},"modified":"2024-06-18T15:19:28","modified_gmt":"2024-06-18T20:19:28","slug":"kentucky-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kentucky-law\/kentucky-marital-property-laws.html","title":{"rendered":"Kentucky Marital Property Laws"},"content":{"rendered":"\n
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Kentucky Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Kentucky, like most other states, is an equitable division<\/a> state. In equitable division states, property acquired during a marriage becomes marital property. During a divorce or legal separation, courts divide marital property fairly between the spouses, but not always equally.<\/p>\r\n

Nine states, including California and Texas, are community property<\/a> states. Family courts divide marital property 50\/50 in these states, regardless of which spouse acquired it. Each state has slightly different rules for the division of marital property during divorce.<\/p>\r\n

In Kentucky, marital property becomes important if a spouse dies intestate<\/b> (without a will). Kentucky is one of three states still recognizing dower and curtesy<\/b><\/a> (KSR \u00a7 392). These laws allow a spouse to inherit one-half of the real property and one-half of the decedent\u2019s personal property. The surviving spouse is also entitled to a homestead exemption (Kentucky Statute 427.070), which gives them a life estate in the family home.<\/p>\r\n

Kentucky dower and curtesy laws apply only to real estate and personal property.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

In every state, all property acquired during a marriage becomes marital property<\/b><\/a>. Kentucky divorce courts presume that everything bought, earned, or used during the marriage is a marital asset used for the benefit of the marriage. Therefore, courts attempt to divide it equitably between divorcing spouses.<\/p>\r\n

Marital property can include:<\/p>\r\n