KRS ch. 404 | Kentucky Revised Statutes, Chapter 404 — Contracts and Separate Estate of Married Women

Title XXXV — Domestic Relations

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title XXXV Domestic Relations

Chapter 404 Contracts and Separate Estate of Married Women

404.010 Effect of marriage on wife's property -- Separate estate -- Subjection of estate to debts.

(1) Marriage shall give to the husband, during the life of the wife, no estate or interest in the wife's property, real or personal, owned at the time or acquired after the marriage. During the existence of the marriage relationship the wife shall hold and own all her estate to her separate and exclusive use, and free from the debts, liabilities or control of her husband.

(2) A married woman's estate shall be liable for her debts and responsibilities contracted before marriage, and for such contracted after marriage, except as provided in this chapter and in KRS Chapter 392.

Effective: July 13, 1984

History: Amended 1984 Ky. Acts ch. 111, sec. 161, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 268, sec. 1. -- Amended 1954 Ky. Acts ch. 21, sec. 1, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2127.

404.020 Property rights -- Contract rights -- Transfer of personal property between husband and wife.

(1) A married woman may acquire and hold property, real and personal, by gift, devise or descent, or by purchase, and may, in her own name, as if she were unmarried, sell and dispose of her personal property. She may make contracts, and sue and be sued, as a single woman. She may rent out her real estate, and collect, receive and recover in her own name the rents thereof, and make contracts for the improvement thereof.

(2) A gift, transfer or assignment of personal property between husband and wife shall not be valid as to third persons, unless it is in writing, and acknowledged and recorded as chattel mortgages are required to be acknowledged and recorded; but the recording of any such writing shall not make valid any such gift, transfer or assignment that is fraudulent or voidable as to creditors or purchasers.

History: Amended 1974 Ky. Acts ch. 268, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2128.

404.030 Conveyance or encumbrance of real property by married woman -- Husband's curtesy right -- Conveyance by married woman through agent.

(1) A married woman may sell, convey or encumber any of her lands and chattels real, but such sale, conveyance or encumbrance shall not bar the husband's right to curtesy unless he joins in the instrument of sale, conveyance or encumbrance or releases his right to curtesy by separate instrument.

(2) Any married woman may convey by agent any interest she has in real or personal property situated in this state if she could lawfully convey it in person. The conveyance shall be made by virtue of a power of attorney, executed and acknowledged or proven as deeds by married women are required to be.

Effective: October 1, 1942

History: Amended 1942 Ky. Acts ch. 152, secs. 4 and 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 508, 2129.

404.040 Liability of husband for wife's debts.

The husband shall not be liable for any debt or responsibility of the wife contracted or incurred before or after marriage, except to the amount or value of the property he received from or by her by virtue of the marriage; but he shall be liable for necessaries furnished to her after marriage.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2130.

404.050 When wife may convey or mortgage her real estate free from husband's claim.

When a husband has been adjudged mentally disabled by a court of competent jurisdiction, the wife, by judgment of a court of equity, may be empowered to sell and convey by her own deed, or to mortgage by appropriate instrument, any of her real estate freed as to it and its proceeds from any claim of her husband.

Effective: July 1, 1982

History: Amended 1982 Ky. Acts ch. 141, sec. 128, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 14, effective June 17, 1978. -- Amended 1942 Ky. Acts ch. 152, secs. 1 and 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2131. Note: 1980 Ky. Acts ch. 396, sec. 139 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

404.060 Married women as parties to actions.

(1) A married woman may sue, and be sued, as a single woman.

(2) She may defend an action against her and her husband for herself, and for him also if he fail to defend.

(3) If a husband desert his wife, she may bring or defend for him any action which he might bring or defend, and shall have the powers and rights with reference thereto which he would have had but for such desertion.

(4) If a female party to an action marry, her husband may be made a party by a motion, causing the fact to be stated upon the record; and the action shall not be delayed by reason of the marriage.

(5) But if a wife be adjudged mentally disabled, or imprisoned, the actions mentioned in subsections (1), (2) and (3), of this section must be prosecuted or defended by her guardian, conservator, or curator, if she have one, and if she have none, must be prosecuted by her next friend, or defended by her guardian ad litem.