Marriage is meant to be a lifetime commitment. That’s why you probably didn’t think twice about putting your inheritance in a joint bank account or using money from savings you had before the marriage to help buy the family home. It felt like a shared investment in your future at the time, not something you’d ever need to untangle.
If divorce is now on the horizon, those decisions matter more than you think. Once separate assets are commingled or mixed with marital assets, they may lose their original identity. What was your personal property could now be considered part of the marital estate and subject to division.
Can you still claim what was originally yours?
In some cases, you can keep your separate portion of mixed assets if you can clearly show what was yours. This means providing the necessary documentation, such as bank records, deeds and related paperwork or other evidence that traces the asset back to you.
That said, courts don’t only consider how the asset was acquired. Your intentions at the time also matter. For instance, if you used the money you inherited to pay household bills or renovate the family home, the court might see that as a sign you intended to share it. In other words, using separate assets in a manner that benefits the marriage can make them marital property.
Take informed action to protect your assets
You may have a rightful claim to something, but without the proper proof and legal strategy, you risk losing what should be yours. That’s why it’s essential to speak with someone who understands the nuances of Mississippi divorce law. They can help you identify which assets are truly marital, what can still be protected and how best to present your case. It can go a long way in safeguarding your interests throughout the entire divorce process.