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

Ky. Rev. Stat. § 404.060 (2026)

Married women as parties to actions

✓ current as of May 2026
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(1) A married woman may sue, and be sued, as a single woman.

(2) She may defend an action against her and her husband for herself, and for him also if he fail to defend.

(3) If a husband desert his wife, she may bring or defend for him any action which he might bring or defend, and shall have the powers and rights with reference thereto which he would have had but for such desertion.

(4) If a female party to an action marry, her husband may be made a party by a motion, causing the fact to be stated upon the record; and the action shall not be delayed by reason of the marriage. (5) But if a wife be adjudged mentally disabled, or imprisoned, the actions mentioned in subsections (1), (2) and (3), of this section must be prosecuted or defended by her guardian, conservator, or curator, if she have one, and if she have none, must be prosecuted by her next friend, or defended by her guardian ad litem. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 129, effective July 1, 1982. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 34. Note. 1980 Ky. Acts ch. 396, sec. 140 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

Notes of Decisions
Cited in 2 cases, 1965–1990 · leading case: Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990).
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Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990). · cites it 2× “) Under Kentucky law, plaintiff could have brought an action in her own name to have the marriage declared void regardless that a guardian had been appointed in Ohio, because mental disability and imprisonment are the exclusive circumstances in which a married woman must bring…”
Wenneker v. Bailey, 392 S.W.2d 453 (Ky. Ct. App. 1965). “The provisions with respect to married women then contained in §§ 34, 35 and 36 of the Civil Code are today preserved in KRS 404.060 and in CR 17.02 and CR 17.03.”
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