Legal Question in Family Law in Mississippi
Rights to Property
What are my rights to my home since I left my husband? My husband and I seperated 4 months ago. He is remaining in our home. Neither of us has filed for Divorce mainly b/c of financial reasons. He has changed the locks on the house and the shed so that I have no access. I still have things in the house. Additionally, I have never gone in the house without his prior knowledge. We have been married for 7 years and have no minor children. We purchased our home before we were married. Currently he is behind on the mortgage payments. He also says b/c I left, I have abandoned him, therefore I forfeit everything, including my house. What do I have rights to?
1 Answer from Attorneys
Re: Rights to Property
Your husband is mistaken. Desertion requires proof that you remained away for period of at least one year and he is not at fault for your leaving. Also, the court divides the property based on each party's contribution rather than fault. Fault is not supposed to be a factor. However, it is likely that the judge will tend to treat the innocent party favorably when no other reason gives sufficient guidance because the court is trying to be equitable.
As to the house, you are entitled to an equitable portion if you made contribution towards purchase or maintenance. You are entitled to a portion if you are a grantee in your husband's deed. You also have the right to void any sale or mortgage made without your consent. However, it looks like the home is going into foreclosure so you might consider talking with your husband about selling it before then to get the best price.
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