Full question:
Is Mississippi code based on Common Law or Community Property? In Mississippi if a person is sole owner of a homestead from a previous marriage and enters into a new marriage with said property and lives with the new spouse on said property does he/she retain sole ownership according to Mississippi law as long as both husband and wife live? If yes then does he/she have full legal rights sell, gift, place in trust or otherwise dispose of said property in such a way as to remove it from the estate?
- Category: Divorce
- Date:
- State: Oregon
Answer:
Mississippi is an equitable distribution state, not a community property state. This means that when couples divorce, property and debts are divided fairly but not necessarily equally. The court has broad discretion in property division, considering how property is titled and used.
Generally, property owned solely by one spouse before marriage, or acquired through gift or inheritance during marriage, can remain separate if it hasn’t been used for the mutual benefit of both spouses. If both spouses use the property regularly, it may be included in the marital estate during division.
In the case of a divorce based on irreconcilable differences, both parties must agree on property matters in their separation and property settlement agreement.
Therefore, if a person owns a homestead solely from a previous marriage and does not use it for the common benefit of the new spouse, they likely retain sole ownership. They would also have the legal right to sell, gift, place in trust, or otherwise dispose of the property, effectively removing it from their estate.
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.