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:
By court opinion, Mississippi recognizes basic equitable distribution procedures and is an equitable distribution, rather than community property state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The court has wide discretion in determining property division. Marital property may be divided between the parties regardless of title. In an irreconcilable differences divorce, the parties must agree on property matters in their separation and property settlement agreement.
Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage. Where the parties regularly use property acquired by one party before marriage for the common benefit of the parties, it is more likely to be available for consideration in dividing property. The frequency of use may be considered by the court in making the decision.
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.
