2023 Kentucky Statutes 391.215 – Rebuttable presumptions
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In determining whether KRS § 391.210 to KRS § 391.260 applies to specific property the following rebuttable presumptions apply:
(1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which KRS § 391.210 to KRS § 391.260 applies; and
(2) Real property situated in this Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which KRS § 391.210 to KRS § 391.260 applies.
History: Created 1974 Ky. Acts ch. 328, sec. 1(2).
(1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which KRS § 391.210 to KRS § 391.260 applies; and
(2) Real property situated in this Commonwealth and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which KRS § 391.210 to KRS § 391.260 applies.
History: Created 1974 Ky. Acts ch. 328, sec. 1(2).