Is Kentucky a community property state?

1. Dividing property at divorce

   The court assigns each spouse their own property and divides marital property in just proportions, without regard to marital misconduct, considering listed factors.^[1]

   “the court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including …”^[1]

   KRS 403.190(1) · checked October 26, 2026

2. Marital property

   Marital property is all property acquired by either spouse after the marriage, except listed categories; property acquired during the marriage is presumed marital.^[1]

   “(2) For the purpose of this chapter, ‘marital property’ means all property acquired by either spouse subsequent to the marriage except …”^[1]

   KRS 403.190(2) · checked October 26, 2026

3. Nonmarital property

   Excluded: gifts and inheritances during marriage (and their income, unless spousal effort increased them), property exchanged for premarital or gifted property, property acquired after a legal separation decree, property excluded by agreement, and passive growth in value of premarital property.^[1]

   “(a) Property acquired by gift, bequest, devise, or descent during the marriage and the income derived therefrom unless there are significant activities of either spouse which contributed to the increase in value of said property and the income earned therefrom …”^[1]

   KRS 403.190(2)(a) · checked October 26, 2026

4. Opt-in community property

   By community property trust

   Spouses (whether both, one or neither lives in Kentucky) may classify property as community property by transferring it to a trust that declares itself a Kentucky community property trust, is signed by both spouses, and has at least one qualified trustee (a Kentucky resident, or a bank or trust company authorized to act as trustee in Kentucky); either or both spouses may also be trustee. On divorce the trust ends and each spouse receives half of each asset unless both agree otherwise in writing.^[2]

   “(b) Has at least one (1) trustee who is a qualified trustee whose powers include or are limited to maintaining records for the trust, on an exclusive or a nonexclusive basis, and preparing or arranging for the preparation of, on an exclusive or a nonexclusive basis, any income tax returns that must be filed by the trust. Both spouses or either spouse may be a trustee …”^[2]
   “(5) Whether or not both, one (1), or neither spouse is domiciled in this state, spouses may classify any or all of their property as community property by transferring property to a community property trust”^[2]

   KRS 386.620-386.624 · checked October 26, 2026

Not legal advice. Plain-English summaries of Kentucky’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Kentucky.