Married couples acquire rights to much of the property and assets, as well as debts, obtained during the marriage by both parties or only one party. Marital property doesn’t include what’s owned separately by either spouse, including property owned before marriage, gifts, inheritance, property excluded by a legal agreement (like prenups), or property obtained after legally separating. These are called “separate property.”
States have two main ways of dividing marital property, equitable distribution or community property. Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce.
In Kentucky, when couples divorce the assets and debts can be divided by a separation agreement the spouses negotiate on their own, although it’s still subject to the court vetoing it or parts of it as unconscionable (extremely unfair). The court can also divide the property if the spouses can’t agree on a property division. The factors considered by the judge in marital property division are:
- Each spouse’s contribution to acquiring marital property, including the contributions of a stay-at-home spouse
- Each spouse’s circumstances, including the desirability of having the custodial spouse live in the family home with the kids
- The length of marriage
- The value of the property awarded to each spouse
Marital Property Laws in Kentucky At a Glance
Having a helpful summary of the law can simplify the process of getting answers to your legal questions, especially because statutes are often written in dense legalese. Use the following table as a guide to your research on marital property laws in Kentucky.
Kentucky Revised Statutes:
|Community Property Recognized
No, Kentucky is an equitable distribution state without community property laws.
However, Kentucky has enacted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA). This Act means if you lived in a state with community property for its marital property laws and then move to a state without community property, you won’t lose your pre-existing property rights.
Note: This is limited to only real property or personal property in Kentucky.
|Dower and Curtesy
||Yes, Kentucky is one of the few states that still retains the old common law (based on prior cases) concepts of dower and curtesy. However, there are exceptions.
When a spouse dies intestate (without a will), the surviving spouse has a one-half to one-third interest in the deceased spouse’s real estate absolutely or only for his or her life, unless otherwise barred or relinquished. In addition, the surviving spouse has a one-half absolute interest in the deceased spouse’s personal property. Divorce or adultery end a spouse’s right to dower and curtesy. If you think you might be entitled to either of these rights you should consult an attorney, as there are many limitations that apply.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Questions About Your Marital Property Rights in Kentucky? An Attorney Can Help
The ending of a marriage, whether through divorce or death of a spouse, can be a stressful and unsettling experience, especially when you have uncertainty about what comes next. Marital property and inheritance can be a source of uncertainty, but that doesn't have to be the case. Get in touch with a local family law attorney in Kentucky to learn more about your rights and the path forward.