between husband and wife.
(1) A married woman may acquire and hold property, real and personal, by gift, devise or descent, or by purchase, and may, in her own name, as if she were unmarried, sell and dispose of her personal property. She may make contracts, and sue and be sued, as a single woman. She may rent out her real estate, and collect, receive and recover in her own name the rents thereof, and make contracts for the improvement thereof.
(2) A gift, transfer or assignment of personal property between husband and wife shall not be valid as to third persons, unless it is in writing, and acknowledged and recorded as chattel mortgages are required to be acknowledged and recorded; but the recording of any such writing shall not make valid any such gift, transfer or assignment that is fraudulent or voidable as to creditors or purchasers. History: Amended 1974 Ky. Acts ch. 268, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2128.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1948–2022 · leading case:
Brown v. Gosser, 262 S.W.2d 480 (Ky. Ct. App. 1953).
Brown v. Gosser, 262 S.W.2d 480 (Ky. Ct. App. 1953).
· cites it 4× “Plaintiff has authority under the Married Woman's Act of 1894, KRS 404.020, and Civil Code of Practice, § 34, to sue her husband for personal injuries caused by his negligence.”
United States v. Yazell, 382 U.S. 341 (1966).
· cites it 2× “§ 38-102; Ky. Rev. Stat. § 404.020 (executory sales contract); N.”
Alt v. Burt, 242 S.W.2d 974 (Ky. Ct. App. 1951).
· cites it 10× “of stock was fraudulent and in violation of KRS 404.020, ordering that the defendant Anna C.”
Brawner v. Brawner, 327 S.W.2d 808 (Mo. 1959).
· cites it 2× “290 is comparable to that in the Kentucky statute, KRS 404.020, which authorized a married woman "to sue and be sued as a single woman," and in Brown v.”
Rigdon ex rel. Rigdon v. Rigdon, 465 S.W.2d 921 (Ky. Ct. App. 1971).
“Notwithstanding the Kentucky Married Woman’s Act of 1897, KRS 404.020, until about 1953 this court followed the rule of family immunity.”
Garrity v. Garrity, 504 N.E.2d 617 (Mass. 1987).
“956, 957 (1959); Ky. Rev. Stat. § 404.020 (1984)discussed in Smith v.”
Matthews v. Simpson, 603 F. Supp. 2d 960 (W.D. Ky. 2009).
“KRS 404.020. This statutory enlargement of a married woman’s property rights, we think, abrogates the common law rule.”
Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990).
· cites it 2× “060 5 ; see also KRS 404.020 6 . Neither plaintiff, her parents, nor a “next friend” sought to have plaintiffs marriage declared void prior to her eighteenth birthday or prior to the time she ratified the marriage after reaching the age of majority.”
Schaengold v. Behen, 208 S.W.2d 726 (Ky. Ct. App. 1948).
· cites it 7× “He cites and relies on section 404.020 KRS. The chancellor was of the opinion that the Act of 1942 amending section 404.”
Hays v. Hays' Adm'r, 290 S.W.2d 795 (Ky. Ct. App. 1956).
· cites it 2× “2d 480 , we carefully reexamined the effect of our Married Woman's Act of 1894, KRS 404.020. In confirming the right of a married woman to sue her husband for a tort, we pointed out that the common law concept of disability arising from coverture no longer *798 had independent…”
Harralson v. Thomas, 269 S.W.2d 276 (Ky. Ct. App. 1954).
“In that cáse the majority of the Court upheld the suit by a wife against her husband on the ground that the legislature (in KRS 404.020 and Section 34 of the former Civil Code) had authorized the wife to bring this sort of suit against her husband.”
Moore v. Citizens Bank of Pikeville, 420 S.W.2d 669 (Ky. Ct. App. 1967).
“2d 626 , which upheld the right of a wife to sue her husband for tort under the Married Woman’s Act, KRS 404.020. Reference was made in that opinion to the discussion in Dishon concerning the absence at common law of the right of a wife to sue the husband.”
Ky. Rev. Stat. § 404.020(1): 2 cases
Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990).
“060 5 ; see also KRS 404.020 6 . Neither plaintiff, her parents, nor a “next friend” sought to have plaintiffs marriage declared void prior to her eighteenth birthday or prior to the time she ratified the marriage after reaching the age of majority.”
Ky. Rev. Stat. § 404.020(2): 1 case
Alt v. Burt, 242 S.W.2d 974 (Ky. Ct. App. 1951).
“of stock was fraudulent and in violation of KRS 404.020, ordering that the defendant Anna C.”
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