Friday, June 20, 2014

Modification of Property Division

In Mississippi, property division is generally nonmodifiable.  East v. East, 493 So. 2d. 927 (Miss. 1986). On some very rare occasions, the Court can fashion some form of remedy when the property is destroyed in very limited circumstances.  Furthermore, pursuant to Houck v. Houck, 861 So.2d 1000, 1002 (Miss. 2003) and Gregg v. Montgomery, 587 So.2d 928, 933 (Miss. 1991), a party cannot agree to alter a Chancery Court order without court approval.  What all of this amounts to is that you are generally stuck with property division which you cannot agree to modify.

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