Ky. Rev. Stat. » Chapter 404
Kentucky Revised Statutes

Ky. Rev. Stat. § 404.040 (2026)

Liability of husband for wife's debts

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The husband shall not be liable for any debt or responsibility of the wife contracted or incurred before or after marriage, except to the amount or value of the property he received from or by her by virtue of the marriage; but he shall be liable for necessaries furnished to her after marriage. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2130.

Notes of Decisions
Cited in 6 cases, 1968–2019 · leading case: Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997).
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Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997). · cites it 3× “The trial court then ruled on each item of expenditure and after ruling for appellee on the question of necessaries per KRS 404.040, overruled her motion for directed verdict in all other respects.”
Auto. Club Ins. Co. v. Lainhart, 609 S.W.2d 692 (Ky. Ct. App. 1980). · cites it 2× “The reliance by the majority on KRS 404.040 is, I believe, misplaced. A husband’s duty to support his wife arises from common law.”
Schilling v. Montalvo (In re Montalvo), 333 B.R. 145 (Bankr. W.D. Ky. 2005). “The Court finds that sufficient consideration existed for the transfers to the Defendant. The Trustee had the burden of proof on this issue.”
White v. MSCB, Inc, No. 3:18-cv-00042 (E.D. Ky. Aug. 29, 2019). · cites it 19× “White argues that KRS 404.040 is facially unconstitutional, and therefore MSCB may not hide behind it in order to validate what would otherwise be unfair debt collection practice.”
Marcum v. GLA Collection Co., 646 F. Supp. 2d 870 (E.D. Ky. 2008). · cites it 2× “Plaintiff urges the court to find Ky.Rev.Stat. § 404.040 unconstitutional. As it is unnecessary to rule on this issue with relation to the motion before the court, without further discussion this court declines to consider the issue.”
Rhodus v. Proctor, 433 S.W.2d 625 (Ky. Ct. App. 1968). “126; KRS 404.040; and Central Hospital of Kentucky v.”
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