Property Distribution in Mississippi
Seasoned Jackson Divorce Attorneys
Parties seeking a divorce are free to agree on property distribution with approval from the court. However, if they fail to agree, then a judge decides how all property is distributed between parties. For purposes of property distribution in divorce, Mississippi is neither a title state nor a community property state. This makes the property division process far more complicated than it is in other states.
In title states, each spouse is awarded the property titled in his or her name upon divorce. In community property states, each spouse receives one half of the marital property. Mississippi adheres to an equitable distribution system where title to property is irrelevant and each spouse does not necessarily receive one half of the marital property. Equitable distribution is focused on dividing property in a fair manner, not necessarily equal.
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Ensuring a Judge Distributes Property Fairly
If the two parties are unable to reach an agreement regarding property distribution, the court will take responsibility of the case, with a judge deciding who gets what property. The court will begin by classifying property as either property attained before marriage or during marriage. That means even if you earned certain assets or property on your own, they may be combined with marital property if it was during your marriage.
When distributing marital property between parties, Mississippi courts base their decision on the following factors:
- Spouse’s substantial contributions to property accumulation
- Spouse’s use of marital property
- Market and emotional value of the marital property
- Value of each spouse’s separate estate
- Tax consequences
- Extent to which property division can eliminate the need for alimony
- Needs of each spouse
- Fault in the divorce
Helping You Secure Your Fair Share of Property
Sometimes parties are unable to decide who gets what property after a complex divorce. When this happens, it is imperative that you get proper legal guidance and representation to help you navigate the distribution of your martial property. At the Law Offices of Malouf & Malouf, PLLC, we have the experience and insight to guide you through this difficult situation. We want to ensure that you get a fair amount of your property. Don’t allow your spouse to rob you of what is rightfully yours! Get the help you need to move on from the past and enjoy a brighter future.
Protect your rights and your property today. Call our family law attorneys in Jackson for more information at (601) 522-2222.