Kentucky Revised Statutes
Ky. Rev. Stat. § 403.065 (2026)
Repealed, 1972
✓ current as of May 2026
Find cases:
SyfertCases citing this section
KY-LRCapps.legislature.ky.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
Catchline at repeal: Proceedings for restoration of property. History: Repealed 1972 Ky. Acts ch. 182, sec. 29. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 425.
Notes of Decisions
Cited in 32
cases, 1954–1977 · leading case: Colley v. Colley, 460 S.W.2d 821 (Ky. Ct. App. 1970).
Colley v. Colley, 460 S.W.2d 821 (Ky. Ct. App. 1970). “” KRS 403.065 states that every judgment for absolute divorce shall contain an order that each party shall restore to the other any property not disposed of at the commencement of the action, “which either party may have obtained, directly or indirectly, from or through the…”
O'Nan v. Comm'r, 47 T.C. 648 (Tax Ct. 1967). “Every judgment for a divorce from the bond of matrimony shall contain an order restoring any property not disposed of at the commencement of the action, which either party may have obtained, directly or indirectly, from or through the other, during marriage, in consideration or…”
Kivett v. Kivett, 312 S.W.2d 884 (Ky. Ct. App. 1958). “” KRS 403.065. The word “restore” means “to give back (something which has been lost, or taken away) ; to make restitution of; to return.”
Cooke v. Cooke, 449 S.W.2d 216 (Ky. Ct. App. 1969). “060 and KRS 403.065, cannot strictly or literally apply to a situation in which property has been accumulated in the course and by virtue of the joint efforts of husband and wife as a marital unit, one carrying out his responsibilities and the other carrying out hers.”
Legel v. Legel, 382 S.W.2d 870 (Ky. Ct. App. 1964). “And under the restoration statute, KRS 403.065, restoration may be had only of property “not disposed of at the commencement of the action.”
Moore v. Moore, 477 S.W.2d 792 (Ky. Ct. App. 1972). “The chancellor will first restore to either or both parties any property he or she may have obtained directly or indirectly from *795 or through the other during the marriage, in consideration or by reason thereof, in accordance with KRS 403.065. Next he will ascertain the value…”
Dahlenburg v. Dahlenburg, 479 S.W.2d 606 (Ky. Ct. App. 1972). “The judgment from which this appeal is prosecuted granted an absolute divorce to the appellant on her answer and counterclaim; directed that appellant (defendant in the trial court) recover $3,400 under the restoration statute (KRS 403.065); adjudged that appellant recover…”
Young v. Young, 340 S.W.2d 253 (Ky. Ct. App. 1960). “Young in accordance with KRS 403.065. Mrs. Young has appealed from the reviewable portion of the judgment contending that: The award of alimony is inadequate and should be increased to a lump sum allowance of $5,000; the value of her labor and services performed in connection…”
Goff v. Goff, 481 S.W.2d 80 (Ky. Ct. App. 1972). “The judgment did not provide for restoration of property as directed by KRS 403.065 and there were no findings of fact or separate statement of law as required by CR 52.”
Taylor v. Taylor, 331 S.W.2d 895 (Ky. Ct. App. 1960). “This was error, for under any circumstances the wife was entitled to restitution in the amount of her contribution to the purchase of the home.”
Salisbury v. Vick, 368 S.W.2d 317 (Ky. Ct. App. 1963). “It is maintained appellant failed to show ap-pellee’s interest as beneficiary was obtained by reason of marriage, but KRS 403.065 creates that presumption.and it was not rebutted.”
Patterson v. Patterson, 266 S.W.2d 91 (Ky. Ct. App. 1954). “We think services of the type rendered by appellee constitute a valuable consideration within the meaning of Section 425 of the Civil Code of Practice (now KRS 403.065) which would justify the court in ordering a restoration.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.