Legal Question in Family Law in Kentucky

Re: prenup

Under Kentucky law, your interest in the house is "premarital," and your new husband has no interest in it, unless you put his name on the deed or leave it to him in your will.

If you put his name on the deed, you can either give him a percentage divided or undivided interest, or (more commonly) create a "joint survivorship" deed, in which full title to the houses passes to the remaining spouse when one of you dies.

In either event, placing his name on the deed makes him at least a part owner, and would establish an ownership interest which he could claim if the two of you ever divorce.

In any event, you should be sure to write a new will just as soon as you get married, and a prenuptual agreement is not a bad idea.

You are best advised to consult a Kentucky attorney with some experience in family law for a full explanation of your rights and responsibilities.

You can call or email the Kentucky Bar Association for an appropriate referral.

Re: prenup

No, your pre marital value will remain yours. However if the house increases in value AFTER you marry, a portion of that increase may be considered marital property. In KY, the title to property is not dispositive of the issue of whether it is marital or not.