Ky husband wife 2025

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C. KRE 504 Husband-wife privilege KRE 504 shall read : (b) Marital communications. An individual has a privilege to refuse to testify and to prevent another from testifying to any confidential communication made by the individual to his or her spouse during their marriage.
At common law a spouse of an accused is incompetent to testify except where the charge involves the person, liberty, or health, of the spouse. (2) No person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. R.S., 1985, c.
Reality- As of 2021, only eight states still allow common law marriages to be formed, however, Kentucky is not one of them. Therefore, couples who purportedly entered a common law marriage are not offered the same legal rights and protections that legally married couples are provided.
The statute provides that In all actions between husband and wife, or between either or both of them and another, either or both of them may testify as other wit- nesses provided further, that neither may be compelled to testify for or against the other. (Italics writer s).
California Evidence Code Sections 970-973 In California, spousal privilege is held by the testifying spouse, granting them the right to refuse to testify against their spouse in court.