In Mississippi divorce proceedings, the determination of which spouse receives ownership of the marital home is a complex issue governed by state law and judicial discretion. The court aims to achieve an equitable, though not necessarily equal, distribution of marital assets, taking into account various factors relevant to each specific case. For example, a judge may award the home to the parent who receives primary custody of the children to provide stability for the family.
The disposition of real property represents a significant aspect of divorce settlements, often impacting the financial stability of both parties post-divorce. Historically, societal norms often favored awarding the home to the wife, particularly when children were involved. However, modern divorce law strives for gender neutrality, focusing instead on the financial contributions of each spouse during the marriage, the economic circumstances of each party, and any fault grounds for the divorce.
