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lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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I was recently divorced,the only thing that was handled was

Customer Question

I was recently divorced,the only thing that was handled was the divorce,no custody for 2 children or incurred debt,I will be going back to court for that,I was wanting to know about my car,I financed it and is in my name only,its a 500.00 a month note and car cost 25,000.Can my ex wife get my car?and if so she would be responcible for the note then right?Also I cashed out my 401k,wasnt alot in it but I knew if it was still active she would get half,if a judge orders her to recieve half how will she get paid?will my wages be garnished?and the reason I filed for divorce in the 1st. place is she cheated on me,will that help my case at all?
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

What is your state?
Customer: replied 5 years ago.

the hearing in Mississippi

Expert:  lwpat replied 5 years ago.
Mississippi is an equitable division state

"We have long recognized that, incident to a divorce, the Chancery Court has authority, where the equities so suggest, to order a fair division of property accumulated through the joint contributions and efforts of the parties." Brown v. Brown, 574 So.2d 688, 690 (Miss. 1990). In Draper, 627 So.2d at 305, this Court held that the chancery court has authority to effect the divesting of title to real estate to achieve an equitable distribution of marital assets. This is a matter committed to the discretion and conscience of the court, having in mind all of the equities and other relevant facts and circumstances. Bowe v. Bowe, 557 So.2d 793, 794 935*935 (Miss. 1990). Moreover, the Chancery Court "has the authority to order an equitable division of jointly accumulated property and in doing so to look behind the formal state of title." Johnson v. Johnson, 550 So.2d 416, 420 (Miss. 1989).,41

Normally this means that the court will divide the marital property fifty fifty even if there has been adultery, assuming that was the basis for the divorce. You will probably have to give her half of the 401K in some fashion but you should get the car but she may be entitled to an equitable interest if there is any equity in it, usually there is not.

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