Legal Question in Family Law in Kentucky

Community property

My husband received an inheritance from his mother. We were married and he wanted to buy a suburban with the inheritance money and he did. He then registered the suburban in both our names. Is this now community property?


Asked on 11/15/07, 6:30 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Community property

First, it is probably just the term you are using, but Kentucky is not a "community property" state. But, I think what you are asking is whether the Suburban is marital property - just some technical jargon there.

If husband can prove that the inheritance money was used to purchase the Suburban, then no, it is not marital property. If it has increased in value, which is unlikely, then a portion of that increase in value might be marital property.

The physical title and names on it do not determine whether it is marital or non-marital property but can be used as evidence towards one category or the other. In this case, the argument might be made that he gifted 1/2 of the Suburban to you.

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Answered on 11/16/07, 9:36 am


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