If an adult son and his mother have “Joint Rights of Survivorship” to 2 homes and 58 acres, what rights does the adult son’s estranged wife have to this property in a divorce?

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If an adult son and his mother have “Joint Rights of Survivorship” to 2 homes and 58 acres, what rights does the adult son’s estranged wife have to this property in a divorce?

Asked on July 15, 2015 under Family Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What needs to be determined is if that property is a marital assset from the first instance.  In other words, was the proeprty purchased during the marriage by the spouse?  Were marital funds used to purchase the property?  If they were and it was purchased during the marriage then there is an argument that it is subject to distribution upon divorce.  Good luck.


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