GAY & LESBIAN COUPLES

Kentucky does not recognize common law marriages contracted within this state. Neither does Kentucky recognize same-gender marriages (KRS 402.045. Many legal rights issues and problems arise when people have significant others or life partners and live together without a legal marriage. 

Traditionally, unmarried domestic partners (whether of opposite sexes or of same sex) have not enjoyed property rights that resemble those available to married persons. Kentucky Revised Statute 403, et seq., defines rights and duties for married couples, but there is no such governing law for unmarried parties. Generally, if there is no agreement, you will need a lawyer to protect your rights.

The American Bar Association has published Gay, Lesbian and Transgender Clients - A Lawyer's Guide which may be useful in addressing legal issues which arise out of same-gender unions as well as transgendered individuals.  The ABA sells this book for about $90, but it may be available for less from other vendors, such as Amazon.com.

This book provides an introduction to lawyers and their clients to the legal landscape as it relates to lesbian, gay and transgendered (LGT) persons today and provides the opportunity to look at legal issues from their perspectives. In addition to case law, statutes and a discussion of legal issues, this book also introduces the reader to people who make up the lesbian, gay and transgender community and their common issues. It can assist in developing new ideas of what is possible in local jurisdiction, and identifying legal issues which may be successfully challenged. Some of the topics covered include:

• LGT relationships
• Children
• Adoption
• Parenting rights
• LGT students and schools
• LGT elders
• Estate planning
• Immigration

Estate Planning for Same-Sex Couples is another important issue which must be considered and the ABA has published a book with that name, available from the ABA for $59, but also available from other vendors, such as Amazon.com.

See, also, our section on
Domestic Partnerships