All property accumulated during the marriage is deemed to be marital property unless it was received by gift or inheritance. The inherited property which is kept separate is generally free from equitable distribution. However, most people don’t understand that separate property must be disclosed, even though it is not marital. And, if the court determines that there is a large disparity between the parties after a division of the marital property, it can reach over into the inherited property and make an award to the party who has few assets, to achieve what the trial court believes is an equitable result. Thus, even though a person might make all the right moves to keep property separate, it still can be considered in the end by a trial judge.
RENFRO v. RENFRO, NO. 2015-CA-00534-COA CONSOLIDATED WITH NO. 2012-CA-00616-COA – https://courts.ms.gov/Images/Opinions/CO118433.pdf