Full question:
My wife and I are separated and living in 2 separate homes that we had built. We have both filed for homestead exemptions on property taxes as we live apart. Will we each get the exemption while still married or do we have to divorce? Also, is there a time frame that we would have to change our marital status in a given year, if necessary?
- Category: Real Property
- Subcategory: Homestead
- Date:
- State: Mississippi
Answer:
No part of jointly owned property can be exempted to a joint owner who has already received an exemption on another home in the state. If a husband and wife are living apart but not divorced, the jointly owned land will not be included in the exemption, except for the home occupied at the time of separation, which may be eligible if owned jointly or individually.
A husband or wife living apart from their spouse may qualify as the head of a family if they have legal custody of children and maintain a home for them. If they do not have legal custody, they may still be considered the head of a family if they occupy a home eligible for exemption at the time of separation.
It’s advisable to contact your local tax assessor's office to determine the taxable year dates, as these will affect your marital status for tax purposes. If you obtain a divorce decree during the taxable year, you may claim unmarried or divorced status for that year.
This information is based on Mississippi law, specifically Section 27-33-19 regarding homestead exemptions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.