Legal Question in Family Law in Kentucky
A Canadian citizen who is going to be married to a US citizen
I am relocating to the USA from a province in Canada. My question is if I marry an American citizen do all my assets then belong to ''our marriage'' or do they remain seperate and apart having been obtained prior to ''our marriage''? In Canada, any assets obtained prior to marriage are retained by that person if there is a subsequent divorce in a marriage/remarriage situation. If a divorce occurs do these prior assets then become part of the separation decree or are they retained for my sole use only? In the event that all my prior assets come into play in my second marriage how do I protect myself in the second marriage divotce scenario? AND where do I obtain information regarding these and other issues?? Thanks
1 Answer from Attorneys
Re: A Canadian citizen who is going to be married to a US citizen
Under KY law, in the event of a divorce, property
acquired prior to marriage is to be restored to
the original owner. If the property is used, for
example, to purchase a new home after the
marriage, the original asset would need to be
traced back to its origin, as the increased value
of the house might be subject to division.
KY law requires that "marital assets" be
distributed "equitably" (not necessarily 50-50).
KY Revised Statutes (KRS) are available at
www.lrc.state.ky.us/krs/titles. You want
KRS Chapter 403. Please feel free to
contact me should the need arise.
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