Thursday, July 17, 2014
On Tuesday, the Mississippi Court of Appeals decided Sims v. Sims located here. The main issue in the case was whether the martial home of the parties should be considered martial property since it was previously a gift from her parents. The chancellor found it to be martial since the parties had taken out a mortgage on the property after the gift was given. I would presume that the family-use doctrine played a part in this also. The trial court ordered the wife to pay the husband $18,000.00 prior to the parties minor child turning 21. The Court of Appeals affirmed even though the husband was incarcerated at the time of the hearing. This case further illustrates the issue that fault is only a factor and does not mean that the party not at fault gets everything despite general public belief to the contrary.