Who Gets the House in a Divorce?
By Gulf Coast Family Law PC – Biloxi, MS
Going through a divorce and wondering who will keep the house? You’re not alone. For many Mississippi couples, the family home is the most valuable asset—and often the most emotionally charged one.
At Gulf Coast Family Law PC, we guide clients through these difficult questions every day. Let’s walk through how homeownership is handled in a Mississippi divorce—and what you need to know to protect your rights.
🏠 Is the House Marital or Separate Property in Mississippi?
Mississippi is an equitable distribution state. That means property is divided fairly, though not always equally, during divorce.
Your house may be considered:
- Marital Property – acquired during the marriage, regardless of who paid for it or whose name is on the deed.
- Separate Property – owned before marriage, inherited, or gifted to one spouse.
👉 Important: If separate property was commingled (for example, using joint funds to pay the mortgage or both parties lived in the home), the court may consider it marital property.
⚖️ How Mississippi Courts Decide Who Gets the House
If you and your spouse can’t agree on what to do with the home, a judge will make the decision using the Ferguson factors, which include:
- Each spouse’s financial situation
- Contributions to the home (including non-financial, like homemaking or parenting)
- The best interest of the children
- Fault or misconduct in the marriage (e.g., infidelity or abuse)
- Whether one spouse has the ability to refinance or maintain the home
In Biloxi and throughout Harrison County, judges focus on a fair and practical outcome—especially if children are involved.
👨👩👧👦 What If Children Are Involved?
If children live in the home, the court may be more likely to award the house to the custodial parent, at least temporarily, to provide stability.
However, the ultimate decision depends on:
- Who will have primary physical custody
- Whether the custodial parent can afford to stay in the home
- Whether keeping the house is in the children’s best interest
🏚️ Options for Dividing the House in a Divorce
Every couple’s situation is different, but these are the most common outcomes:
1. Sell the Home and Split the Equity
This is often the simplest solution. After paying off the mortgage and any debts, the proceeds are divided according to an agreement or court ruling.
2. One Spouse Buys Out the Other
One party keeps the home and pays the other for their share of the equity. This may require a refinance to remove the other spouse from the mortgage.
3. Deferred Sale Agreement
Sometimes couples agree to keep the home temporarily—especially for the kids—and sell it later, usually after a set time or event (like graduation).
💡 Pro Tip: If you’re considering co-owning the home after divorce, get a detailed agreement in writing, including who pays taxes, mortgage, and repairs.
📉 What About the Mortgage?
Divorce does not remove a name from the mortgage, even if the court awards the home to one spouse. Both parties remain legally responsible unless:
- The mortgage is refinanced
- The house is sold
- The lender agrees to a loan assumption (rare)
This is why financial planning and legal guidance are critical before agreeing to keep or give up the home.
📍 Mississippi-Specific Divorce Tip
In Mississippi, fault-based divorce (like adultery or habitual cruel treatment) may still impact property division. If one spouse is found at fault, it could influence who gets the house or how much equity they receive.
📞 Considering Divorce? Talk to us about your options.
At Gulf Coast Family Law PC, we’ve helped clients all along the Mississippi Gulf Coast navigate the complex issues of divorce, property division, and protecting what matters most.
Whether you want to keep your house, sell it, or negotiate a fair settlement, we can help you understand your rights and build a smart legal strategy.
✅ Next Steps:
- 🧾 Gather home-related documents (deed, mortgage, appraisals, repair records)
- 💬 Talk to a us before signing or agreeing to anything
- 🗓️ Schedule your confidential consultation if we can assist you
📞 Call us at 228-207-8588 or Text/Call Office Cell 228-806-3883.
📩 Or contact us an email at [email protected]
📚 Related Blog Posts:
- I Want a Divorce — Should I Move?
- How Is Property Divided in a Mississippi Divorce?
- What Happens to the Kids During a Divorce in Mississippi?
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Wondering who gets the house in a Mississippi divorce? Learn how courts divide property and what steps to take to protect your rights.
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