Marital vs. Non-Marital Property in Kentucky
In Kentucky, property acquired after the marriage is presumed marital regardless of title, except gifts, inheritances, exchanges for non-marital property, property excluded by agreement and the increase in premarital property not due to the parties’ efforts.
What is marital property
“Marital property” means all property acquired by either spouse after the marriage, except (a) property acquired by gift, bequest, devise or descent during the marriage and the income from it, unless significant activities of either spouse contributed to the increase in its value; (b) property acquired in exchange for property acquired before the marriage or by gift, bequest, devise or descent; (c) property acquired after a decree of legal separation; (d) property excluded by a valid agreement of the parties; and (e) the increase in value of property acquired before the marriage, to the extent it did not result from the efforts of the parties during the marriage (KRS 403.190(2)).
The presumption
All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, whether the title is individual or in some form of co-ownership such as joint tenancy, tenancy by the entirety or community property. The presumption is overcome by showing that the property was acquired by one of the methods listed in subsection (2).
Premarital property and its growth
Property you owned before the marriage is yours, and so is its increase in value unless the increase came from the efforts of the parties during the marriage. A house you owned before the marriage and paid down with marital earnings can therefore have a marital part.
Gifts and inheritances
A gift or inheritance received during the marriage is non-marital, along with its income, unless significant activities of a spouse contributed to the increase in value. Keep it separate and keep the documents.
Evidence that helps
Dated statements from before the wedding, deeds and titles, gift and inheritance documents and records tracing separate funds into any account or asset.
Keeping the right paperwork
Keep inherited and premarital funds in accounts titled in your name alone, avoid mixing them with joint funds, and keep the gift and inheritance documents.
In the calculator
The Kentucky property division calculator keeps each spouse’s non-marital property out of the division.
Frequently asked questions
What is non-marital property in Kentucky?
Gifts, bequests, devises and descent, property acquired in exchange for non-marital property, property acquired after a legal separation, property excluded by agreement and increases in premarital property not due to the parties' efforts.
Is property titled in one name marital in Kentucky?
If acquired after the marriage and before legal separation it is presumed marital regardless of title.
Is an inheritance marital property in Kentucky?
No, unless significant activities of a spouse contributed to the increase in its value and the income earned.
Does the increase in value of premarital property count in Kentucky?
Only the part that resulted from the parties' efforts during the marriage.
How do I overcome the marital presumption in Kentucky?
By showing that the property was acquired by one of the methods listed in KRS 403.190(2).
Official sources
- KRS 403.190: disposition of property
- KRS 403.250: modification of provisions for property disposition
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.