Legal Question in Family Law in Mississippi
Responsibility for debts after dissolution of marriage
My nephew is getting a ''no fault'' divorce thru legal aid in MS. His wife is leaving and taking the auto which is in HIS name and auto still has a mortgage on it. Bank was prep. papers to transfer auto to wife but she now will not sign. Wants auto to stay in husband's name so he will pay note and insurance on auto. Is there anything he can do besides not paying the note and letting the bank repo the car. He doesn't want to ruin his credit and would like an alternative. Also, is MS a community property state? Thank you for your help. Diane
1 Answer from Attorneys
Re: Responsibility for debts after dissolution of marriage
The car should be addressed in the property settlement agreement. If the agreement says she must put the car in her name and she does not, then she would be in contempt of Court. At that point, she would either sign the necessary papers or likely go to jail.
Mississippi is not a community property state. Mississippi is an equitable distribution state. This means whatever the Judge thinks is equitable or fair in the particular case. However, it is generally a pretty even split.
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