How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Family Law Question Here...
AttorneyTom is online now
A new question is answered every 9 seconds

My wife and I moved into our home 3 months before we married.

Resolved Question:

My wife and I moved into our home 3 months before we married. We live in Mississippi a equitable state...She had the house titled in her name and now that we are going through divorce is claiming it is not marital property and that I should get no equity....am i legally entitled to a share of the home?
Submitted: 5 years ago.
Category: Family Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I am working on an answer to your question now. Please be patient and I will post the answer as soon as possible. This may take a little time, as it may require some research and it takes some time to type up a response.

Thank you!
Expert:  AttorneyTom replied 5 years ago.
If a home is purchased before marriage with separate assets and if the home is maintained and paid for with separate assets, it generally belongs to the spouse who brought the home into the marriage. However, if both parties contribute to the purchase of a home or if both parties contribute to the maintenance of a home, it is subject to equitable distribution in a divorce. For the most part, this means that, if any money earned during the marriage is spent on a marital home, both spouses may have a claim to a portion of the value of that home, even if it's titled in one spouse's name.

I'm sorry to hear about your divorce! I hope it works out in your favor.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
AttorneyTom and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
What about our retirement accounts and furnishings, and may i seek alimony or spousal maintenance my work is seasonal
Expert:  AttorneyTom replied 5 years ago.
Any assets accumulated during the marriage (with few exceptions, like gifts, inheritances, etc.) are subject to distribution in divorce.

Courts consider a lot of factors when evaluating spousal support. These factors include, but are not limited to:

1. income and expenses of each spouse; 2. the spouse’s health and medical condition; 3. the spouse’s needs and debt obligations; 4. the custodial award; 5. the ages of the spouse’s; 6. the standard of living while married; 7. tax consequences; 8. any marital fault or misconduct; and dissipation of assets. (Mississippi Code - Section 93 - Chapters: 5-23)

 

http://www.divorcesupport.com/divorce/Mississippi-Spousal-Support-Maintenance-Alimony-601.html

Spousal support is highly discretionary for courts, meaning that there is no set formula and courts award it according to the specific circumstances and the court's own view of fairness as it relates to the matter.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!