{"id":374388,"date":"2016-03-31T21:35:46","date_gmt":"2016-04-01T02:35:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-marital-property-laws.html"},"modified":"2024-06-19T17:27:53","modified_gmt":"2024-06-19T22:27:53","slug":"mississippi-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-marital-property-laws.html","title":{"rendered":"Mississippi Marital Property Laws"},"content":{"rendered":"\n
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Mississippi Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Under Mississippi law, all property acquired during a marriage becomes marital property<\/a>. Unlike most equitable distribution states, Mississippi does not have a statutory basis for determining which property is marital property. Instead, Mississippi courts rely on case law when dividing marital assets.<\/p>\r\n

Nine states (California, Arizona, Nevada, Louisiana, Idaho, New Mexico, Washington, Texas, and Wisconsin) are community property states<\/a>. In these states, spouses divide marital property 50\/50 during a divorce. In Mississippi, property gets divided according to the equitable division factors defined in Ferguson v. Ferguson<\/i><\/a>, 639 So.2d 921 (Miss. 1994).<\/p>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Every state has its own definition of marital <\/a>and separate property. In Mississippi, marital property<\/b> is all property acquired during the marriage. Mississippi family law presumes that a marriage is a joint effort and that all spouses’ contributions belong equally to the marriage.<\/p>\r\n

Marital property may include:<\/p>\r\n