Legal Question in Family Law in Kentucky

Martial Property v. Ownership Equity

No access to case law in this firm so I am having a research problem. If you can give me a cite for a case that's on point, I can take it from there. I need case law to support client's argument that marital property and ownership equity are 2 different things in KY. Client was given right to live in martial residence after divorce and until it was sold, but deed was always in spouse's name and no new deed was drawn giving her ownership interest. Client gets $$ when sold, but a specific amount - not based on sale price, thus no equity ownership. Former spouse wants her to pay half the taxes; our client says it was marital property, but she never has had any ownership equity, and that they are treated as 2 different things in Ky. There is an Ohio case on point - SUHR V IRS - and we need to show that Ky. treats marital property and ownership equity the same as Ohio. Thank you very much for any assistance.


Asked on 3/28/03, 4:02 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Martial Property v. Ownership Equity

Your statement of facts is somewhat confusing. It does not matter whose name is on the deed. What matters is when it was acquired (premarital or after the marriage or in anticipation of marriage) and if pre-marital or non-marital assets were used in the acquisition. If the divorce provides that your client is to receive a specific amount of money, then that is what she receives. The other side is getting the house apparently and your client would not pay the taxes unless the decree said so. The statutes can be acessed at www.lrc.state.ky.us. A good case research site is www.versuslaw.com. The cost is $8.95 per month. The decree governs at this stage.

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Answered on 3/28/03, 4:33 pm


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