Divorce is rarely simple, and one of the hardest aspects is deciding who gets to keep the home. In Mississippi, property division follows equitable distribution principles, meaning assets are divided fairly, but not necessarily equally. If you are facing a divorce and are unsure about what will happen to your home, this guide will walk you through the factors that can influence the final decision.
Separate Vs Marital
Before deciding, the court must determine if the property is marital or separate. Marital property includes assets acquired during the marriage, regardless of whose name is on the paperwork. Separate property is anything that was acquired or gifted before the marriage. When couples go through the division of assets in a divorce, understanding the difference between marital and separate property is crucial. Additionally, assets obtained after filing for divorce or following a legally recognized separation date may also be classified as separate under state law.
Equitable Distribution
In some states, community property laws divide assets 50/50. In Mississippi, the court follows the principle of equitable distribution. This means that the court will divide the property in a way that is fair. It may not be equal, but it will be based on the specific circumstances of the case.
Key Factors the Court Considers
One of the most important factors the court considers is the financial contributions made during the marriage. Usually, the spouse who contributed more to the home has a stronger chance of being awarded it. This can include mortgage payments, taxes, or the down payment. The court also considers which spouse has the financial ability to maintain the house. The spouse who can afford to keep the home may have an advantage.
Child custody can also play a big role. If children are involved, the court may favor the spouse who has primary custody. Keeping children in a stable home is often a priority.
Fault claims can also impact the outcome. If the divorce is fault-based, the court may favor the spouse who is not at fault.
Lastly, if neither spouse can reasonably afford to keep the home, the court may order that it be sold.
In the end, the spouse with the stronger claim will have a better chance of keeping the house.
Can Spouses Negotiate Who Gets the House?
Couples going through a divorce are not required to have the court make this decision for them. An alternative option is to reach an agreement through a property settlement. This agreement will determine:
- Who takes the home
- If the home will be sold
- How the proceeds will be divided
Final Thoughts
Who gets the house in a Mississippi divorce comes down to financial circumstances, child custody, fault-based claims, and legal negotiations. These decisions can affect a person’s financial future, so seeking legal guidance is an important step in making the process go smoothly.
At Gregory D. Keenum, PA, we provide strategic and experienced legal advice to help protect your property and, most importantly, your rights.
If you are going through a divorce and need help with property division, contact us today.