Property Division

Deciding how to divide property when a marriage ends and divorce ensues can be one of the most difficult parts of a divorce case. Sometimes, assets cannot be easily divided. Property division can be a complex thing. That is why you need a family law lawyer who understands property division to represent you.

The Law Offices of John R. Reeves, PC handles divorce cases that involve property matters. Initially, the court must determine whether property is marital or non-marital property. Generally, marital property is any property acquired during the course of the marriage through the joint efforts of both spouses. “Joint effort” doesn’t have to be monetary in nature; it can be through the provision of domestic services such as raising children, maintaining the household and providing a happy home life for the person earning the money. Generally, non-marital property is property acquired by a spouse through no effort or contribution of the other spouse. This can include inherited property, property owned by the spouse before the marriage, property bought with inherited funds or property bought with funds owned before the marriage, among other property. It is critical that your divorce lawyer knows the difference between classes of property, how to distinguish property in court and the standards of proof required to do so. One mistake by your divorce lawyer and you could lose substantial property. Once the court determines whether the property is marital or non-marital, the next step is dividing the marital property. Mississippi follows the rule of Equitable Division. Unlike community property states, this rule does not necessarily mean that each spouse gets 50% of the marital property. The property is equitably divided according to standards set forth in case law. A spouse may receive half of the marital property, or more or less than half. When businesses are involved, expert witnesses are normally needed for valuation. So, again, it is absolutely critical that your divorce lawyer understands this and is prepared in court with the right evidence so that your position is maximized. One legal misstep could cost you substantially in property. Don’t risk inexperience and unpreparedness. As a Divorce Attorneys and Lawyers we are well-versed in the constantly changing and increasingly complex rules regarding division of property. As your Mississippi Divorce Lawyer and Mississippi Family Law Attorney we will represent you so that your position is effectively presented to the court and your chances of reaching your property division goals are as maximized as they can be.

This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.