How to file a partition action in Mississippi when some inherited co-owners won’t respond

Short answer: In Mississippi you file a partition suit in the chancery court where the property lies. If some heirs or co-owners do not respond or cannot be located, the court can allow substituted service (including service by publication), enter defaults against nonresponding parties, and appoint a commissioner to divide the property or order a sale and divide the proceeds. You must follow the chancery court rules, show diligence in locating missing parties before publication, and follow statutory and procedural requirements for service and default.

Detailed answer — step-by-step under Mississippi law

1. What is a partition action and where to file

A partition action is a civil lawsuit asking the court to divide titled real property among co-owners (including heirs who inherit property). In Mississippi, partition claims are typically filed in chancery court because chancery courts handle equitable remedies like partition and the administration of estates.

Start at the chancery court in the county where the land is located. The Mississippi judiciary site explains chancery court jurisdiction and procedures: Mississippi Chancery Courts.

2. Who to name as defendants

Name every person or entity who may hold an interest in the property. That includes:

Known heirs and devisees (by name).
Any spouse, lienholder, creditor, or person claiming an interest by deed, mortgage, or judgment.
Unknown or missing owners — typically sued by description as “unknown heirs” or “unknown persons with an interest,” so the court can make a final decree binding on absent parties.

3. Preparing the complaint

The complaint should describe the property (legal description), identify petitioners and respondents, explain each party’s claimed interest, state that partition is sought (either partition in kind or sale), and request the relief desired (partition in kind, appointment of a commissioner to divide, appointment of a commissioner to sell and distribute proceeds, attorney fees, costs, accounting, and any injunctions to preserve property).

4. Service of process and missing/nonresponsive owners

Mississippi civil procedure rules govern service and default practice. You must attempt proper service on each known respondent. If a person cannot be found after diligent efforts, Mississippi courts allow substituted service such as service by publication when the defendant’s address is unknown or they are evading service.

Key points:

Make a documented effort to locate a missing owner (last known addresses, relatives, tax records, social media, mail forwarding, etc.). Courts usually require a showing of diligence before allowing publication.
If permitted, the court will order service by publication in a local newspaper for a specified period and may require posting on the property and filing an affidavit about attempts to locate the person.
After the publication period runs and if the person does not appear or answer, you can ask the court to enter a default or proceed against the absent party by notice and proceed to a final decree.

See Mississippi Rules of Civil Procedure and chancery practice guidance for service and default procedures: Mississippi Rules (courts.ms.gov).

5. Default and final decree

If a named defendant does not answer within the time limit provided by the rules (generally 30 days after proper service under many civil rules), the plaintiff may seek a default or ask the court for relief despite the nonresponse. For partition matters, the court can enter a decree binding on absent or defaulted parties if proper service/notice requirements were met. The court may:

Order partition in kind (physical division if practicable).
Appoint a commissioner to sell the property at public sale and divide proceeds among owners according to ownership shares.
Allocate sale costs, taxes, liens, and commissions before distributing net proceeds.

6. Practical procedural requests to include in your complaint

Request the court to appoint a commissioner to examine title, survey or value property, and make a partition or sale.
Ask for permission to serve unknown or missing parties by publication if their locations are unknown.
Ask for an order restraining any party from encumbering, selling, or damaging the property while the suit is pending.

7. Evidence and supporting documents

Attach copies (or prepare to file) of:

Deeds and chain of title.
Death certificates and probate papers showing inheritance rights.
Any wills, trust documents, or settlement agreements.
Property tax records, mortgage statements, and lien records.

8. Typical timeline and costs

Time: A straightforward agreed partition can take a few months. If parties are missing, defaults are involved, or appeals occur, the case can take a year or longer. Costs: filing fees, service fees, publication costs, appraisal and survey fees, commissioner fees, and attorney fees if you hire counsel. If the court orders a sale, the sale costs are usually deducted from the proceeds.

9. Hypothetical example

Hypothetical: Sarah and Jamal inherit a farm from their father. Four other heirs live out of state and one cannot be located. Sarah files a partition suit in the county chancery court where the farm sits. She names the four known heirs and “unknown heirs of John Doe”. She documents multiple attempts to reach the missing heir (letters, phone calls, search of records) and asks the court for service by publication for that person. The court allows publication. After the publication period and no answer, the court enters a default for the missing heir and appoints a commissioner to sell the farm. The court distributes sale proceeds after paying liens and costs according to each heir’s share.

Helpful hints

Start by gathering title, death records, wills, trust documents, tax bills, and contact info for all known heirs before you file.
Document every attempt to locate missing owners. Courts expect proof of diligence before allowing publication service.
Consider mediation or a negotiated buyout before filing. Litigation can be expensive and divisive.
Ask the court for an injunction to prevent waste, demolition, or unauthorized sale while the case is pending.
Keep paying property taxes and insurance to avoid liens or sale complications.
If a partition in kind is impractical (small lot or single dwelling), ask for a sale and a commissioner to conduct the sale.
Work with a local attorney experienced in chancery practice to prepare pleadings, handle service issues, and run the sale if ordered.
Use the Mississippi chancery court clerk as a resource for local filing requirements and fee information.

Key resources

Mississippi Chancery Courts (court information and contacts): https://courts.ms.gov/courts/chancerycourts.php
Mississippi Rules of Civil Procedure and related court rules: https://courts.ms.gov/research/rules.php (review service, default, and pleading rules)
Mississippi Legislature general site for statutory references: https://www.legislature.ms.gov

When to get help

Hire a Mississippi chancery court attorney if:

Some heirs are missing or actively avoid service and you need to prove diligent searches for publication.
Title issues, mortgages, tax liens, or creditor claims complicate distribution.
You need to prepare for and run a court-ordered sale or deal with partitions in kind that require surveying and valuations.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. It explains common steps and considerations under Mississippi procedure but cannot account for all facts or local rules. Consult a licensed Mississippi attorney for legal advice tailored to your situation.