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Is Mississippi a Community Property State?

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Mississippi is an equitable property state, not a community property state.

In Mississippi, all property between married couples is considered jointly owned. What does this mean? If there is a divorce, the property and debts between the couple are to be divided fairly and equitably but not always equally.

This is the one equitable property state which is different from the others. In Mississippi, each spouse retains his or her property for which they have title. However, jointly titled property will be divided equitably by the court. If the property settlement cannot reach agreement, the judge will use his discretion in the division of property.               Mississippi law lays down residency requirements. At least one spouse needs to be a resident of the state for 6 months prior to filing for a divorce. Further details can be found under The Mississippi Code, Title 93, Section 93-5-5 and 93-5-11.   Further information on Mississippi’s equitable distribution laws can be found at:

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