Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
In Mississippi, co-owners of real property may file a partition action in chancery court to divide or sell jointly owned land. Partition actions let co-owners split property in kind or force a sale and share proceeds. Mississippi law governs partition under Miss. Code Ann. § 11-11-1 et seq. (https://law.justia.com/codes/mississippi/2013/title-11/chapter-11/section-11-11-1/) and separates it from divorce property division under Miss. Code Ann. § 93-5-101 (https://law.justia.com/codes/mississippi/2013/title-93/chapter-5/section-93-5-101/).
Key points:
- Eligible Co-Owners: Tenants in common or joint tenants may file a partition action. If spouses hold title as tenants by the entirety, one spouse generally cannot partition without a divorce.
- Available Remedies: The chancery court can order an in-kind partition dividing the land or a partition by sale with proceeds distributed to each owner.
- Timing and Impact: You can file after separation but before divorce. However, partition may affect the divorce court’s equitable distribution of marital assets.
Helpful Hints
- Check your deed to confirm how you hold title: tenants in common, joint tenants, or tenants by the entirety.
- Understand how partition results may influence your divorce settlement.
- Obtain property surveys, deeds, and current appraisals before filing.
- Talk to a licensed Mississippi attorney to plan your strategy and avoid unintended consequences.