Had a home previous to getting married

Aug 8, 2012 by

Question: 

If you had a home previous to getting married that you have had for several years, does your spouse have any legal rights to the home in the divorce?

State: 
Mississippi

Answer: 

Since Mississippi is an equitable property division state it is possible that your spouse may have a claim to a portion of the ownership of the house you owned prior to the marriage if they have been contributing toward maintenance and upkeep during the marriage. If the home has not been “commingled” in any way, separate property is usually retained by the owning spouse though. Separate property means assets you had before you married and that you kept separate from property acquired during the marriage. Considering the amount of money that could be involved, if you anticipate a battle over the home you might want to consult an attorney before you show up in court. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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