Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses’ assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce. Instead, Mississippi is what is called an “equitable distribution” state.
Who gets the house in a divorce in MS?
Mississippi is the only state that awards property to the person whose name is on the title. If only one person’s name is on the title to a car or the house, it goes to that person. However, the court does have the flexibility to divide assets fairly and equitably.
Can you buy a house without your spouse in Mississippi?
In a common-law state, you can apply for a mortgage without your spouse. Your lender won’t be able to consider your spouse’s financial circumstances or credit while determining your eligibility. You can also put only your name on the title.
Is adultery a crime in Mississippi?
Adultery is a commonly seen reason for divorce across the country, but not everybody knows that adultery is actually a crime in Mississippi. Although we rarely see law enforcement agencies dedicating man-hours and resources to cracking down on adultery, it is possible to get arrested for it.
When do marriage statistics go on file in Mississippi?
Marriage statistical records are on file from January 1, 1926. From July 1, 1938 to December 31, 1941, records were kept only by the Circuit Court Clerk in the county in which the marriage license was issued. Vital Records does not maintain divorce records.
What happens when you live apart from your spouse?
When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated. In some states, living apart can change property rights between spouses—if you don’t intend to get back together, then assets and debts acquired during the separation belong only to the spouse who acquires them.
Can a married couple still live in the same house?
If you and your spouse are still living in the same house for economic or family reasons, proving that you are really separated can be tricky. Here is a checklist of what you should do if you and he are still living together but separate. Establish and maintain intent to separate permanently or indefinitely.
What should I do if my husband and wife are still living together?
Here is a checklist of what you should do if you and your spouse are still living together but are separated. Establish and maintain the intent to separate permanently or indefinitely. Use separate bedrooms. Do not engage in romantic or sexual intimacy. Stop wearing wedding rings.
