Kentucky Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

To put it into simple terms, divorce is the legal termination of a marriage. It is a permanent solution to a broken relationship that cannot be mended. The main difference between being separated and divorced is that both parties can remarry once the divorce is finalised.

Any property that was not secured by one spouse prior to marriage, or separate, is considered marital property. Kentucky divides this property equitably. Marital property includes: Money, retirement accounts, real estate, and other non-separate property acquired by either spouse during the marriage.

Property regimes Separate (or non-marital) property belongs to one spouse because it was owned before marriage or received as a gift or through inheritance. Marital property is basically everything else?any property that comes into the marriage that is not separate property.

Kentucky requires an equitable division of your assets. A judge will have to review information about what property you have and the circumstances of your marriage to determine what would be fair and appropriate. They could award one spouse the house or even order you to sell it and split the proceeds.

Is There Any Benefit to Filing for Divorce Before Your Spouse in Kentucky? As a general rule, it doesn't make a difference which spouse files first. I've seen some people who know they're about to go through a divorce wait for their spouse to file first to avoid paying the filing fee or to cut corners.

Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. The court can also divide the property if the spouses can't agree on a property division.

In the state of Kentucky, couples seeking to file for decree of divorce must live apart for 60 days. This may include time t?hey live under the same roof without having sexual relations. During this temporary separation, they may also choose to file a petition for legal separation.

Does the Spouse Have to Be on the Title in Kentucky? Since the state of Kentucky considers anything acquired during the course of a marriage to be marital property, your spouse automatically has an ownership interest in any property purchased during this time. The names on a deed do not determine ownership.

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Kentucky Homestead Declaration following Decree of Legal Separation or Divorce