Kentucky Property Division Laws
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The following is a summary of Kentucky property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Kentucky Statutes and/or consult with an attorney about how the law might apply to your particular situation.

 

Marital versus Separate Property.
All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property, EXCEPT FOR:

(a) Property acquired by gift, bequest, devise, or descent during the marriage and the income derived therefrom unless there are significant activities of either spouse which contributed to the increase in value of said property and the income earned therefrom;

(b) Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(c) Property acquired by a spouse after a decree of legal separation;

(d) Property excluded by valid agreement of the parties; and

(e) The increase in value of property acquired before the marriage to the extent that such increase did not result from the efforts of the parties during marriage.

-From Section 403.190 of the Kentucky Statutes.

 

Guidelines Used by the Court to Determine Property Division.
The court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including:

(a) Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker;

(b) Value of the property set apart to each spouse;

(c) Duration of the marriage; and

(d) Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children.

However, the court does allow the parties to enter into a separation agreement. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the custody, support, and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable.

-From Sections 403.180 and 403.190 of the Kentucky Statutes.

 

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Go to another Kentucky Divorce Page:
General Kentucky Divorce Laws
Kentucky Alimony Laws
Kentucky Child Custody Laws
Kentucky Child Support Laws
Kentucky Divorce Laws and Property Division

 

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This information has been summarized from the Kentucky statutes. You can find the full-text version of these and other Kentucky divorce statutes online here: Kentucky Divorce Laws.