Sep 4 2018 42084 1

Sep 4 2018 42084 1

Myself, Realtors and title companies get this question all the time.  I thought you might like this explanation I sent to someone this week.

By state law in Kentucky, if you buy a property in your sole name, your spouse will instantly have an ownership interest in that property – just by the fact that you are legally married.  Names on deeds do not solely determine ownership; names PLUS marital status does.  The same is true if you bought the property before you got married – once you marry, the new spouse gains an ownership interest.  How much of an ownership interest is dependent upon a variety or factors that an attorney can explain.  This ownership interest that your spouse has is called a “marital interest”, or “spousal interest”.   If you would unexpectedly die before the property is sold/closed your spouse inherits a portion of your property...that is the interest.  Marital rights exist in KY, OH, IN and I believe 20 other states. When a property is sold the current owners sign the deed transferring the property to the buyer AND any spouses of the owners sign the deed transferring the property. Because Kentucky is a marital or "dower" state a spouse has to sign the deed when it is transferred to the new owner to give the buyer a clear or unclouded title. The spouse signs the deed to release their dower interest in the property. Your spouse has to sign  OR, you can get a specific power of attorney that is just for the sale of xxxxxxxxxxxx that includes the legal words to release the marital interest.  It will be recorded with the deed.  It would have to be pretty strongly worded and the title company closing the deal will have to approve it.   I'm not an attorney and as such can't provide legal advise.  Consult with your attorney or reach out to me for a reference.  You can also talk with the attorney at the title company. Legal stuff - I am not an attorney.  Myself and my team members do not give legal advice.  Please consult with an attorney regarding your individual situation and specific circumstances. 

Jeff Bechtol Headshot
Phone: 859-409-5886
Dated: September 4th 2018
Views: 180
About Jeff: A lifelong resident of Northern Kentucky, Jeff is a full time Real Estate Professional who handles b...

Property Search

RSS Feed

View our latest blog posts in your RSS reader. Click here to access. RSS

Search Blog

Recent Blogs

Sep 4 2018 42084 1 -  I BOUGHT THE HOUSE BEFORE I
Moving Up Is MORE Affordable Now Than Almost Any Other Time In 40 Years - Moving up Is MORE Affordable Now
Top 5 Benefits Of Hiring A Real Estate Agent - The National Association of
Buying A Home Can Be Scary Unless You Know The Facts - Many potential homebuyers believe

Saved Properties

This is a list of your favorite properties. We will email you if a property is reduced or leaves the market.

Click 'Save' to add a property to this list.

Register / Login

New & returning visitors please enter your information to login.

By clicking 'register' you are agreeing to our terms of use & giving us expressed written consent to contact you.

Questions? Comments? Complaints?

This message will go directly to the head of our team.

Location & Address

Keller Williams Realty Services
2216 Dixie Hwy ste 100
Fort Mitchell, KY