Who Gets the House in a Mississippi Divorce?

If you’re considering divorce in Mississippi, you might be wondering who will get the house once the divorce is finalized. This post explains some of the property rules in divorces in the state and what to expect through that process.

Mississippi Rules About Property Division in Divorces

Mississippi is the only state in the country where spouses retain a property for which they have a title. This means houses, cars, and other big-ticket items that have a formal bill of ownership remain with that person post-divorce as that’s state law.

Beyond that, the state follows the “equitable distribution” model, which tries to divide all remaining property in an “equitable” way that is meant to be fair but may end up favoring one side more than the other.

If both names are on something like a house title, there will need to be an out-of-court or in-court negotiation to determine who will take ownership or if it will be sold.

What About Retirement Assets?

Retirement plans are up for division as well. In the event that a particular retirement plan or another fund can’t be cashed out or vested at the time of the divorce, the court may require a Qualified Domestic Relations Order (QDRO) to ensure both parties get an equitable share when the plans become playable. Should you need a QDRO, you’ll need to hire an experienced family law attorney who can correctly draft and execute the order.

Can We Reach an Agreement Out of Court?

Yes, you can. In fact, it’s often in the best interest of both parties to keep as much of the divorce proceedings as possible out of court. Once couples see the potential time and expense of negotiating a divorce in court, they often try to put their differences aside to come to the table and resolve any outstanding issues. It is often highly preferential to work through asset negotiations out of court as the court’s neutral stance often ends up in a less-than-desirable outcome for both parties.


The Law Offices of Rusty Williard has been a trusted source for divorce representation for hundreds of spouses across Mississippi. If you’re thinking about splitting from your significant other, be sure to have proper representation on your side. Call (601) 824-9797 today to learn more and schedule a free consultation.