Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When two or more people own real property in Mississippi and cannot agree on its use, sale or management, one or more owners can ask the chancery court to force a partition. A partition action divides or sells the property so each owner receives their fair share.
1. Who Can File?
Any co-owner—whether individuals, trusts or co-tenants—has the right to petition for partition. The petition must be filed in the chancery court of the county where the property lies. See Miss. Code Ann. § 89-1-1.
2. Voluntary Partition vs. Forced Partition
Owners may agree on a voluntary partition by dividing the land among themselves. If they cannot agree, the court orders a forced partition. The court first examines whether a physical division (partition in kind) is practical. If dividing the land would impair its value or utility, the court orders a sale and divides the proceeds.
3. Court Process
- Petition: One co-owner files a petition identifying the property, each owner’s share and the relief sought.
- Service and Response: All co-owners must be served with the petition. They may file answers or counterclaims.
- Hearing and Determination: The court holds a hearing to verify ownership interests and consider whether in-kind division is feasible.
- Order of Partition: If in-kind, the court appoints commissioners or a surveyor to divide the land fairly. If sale, the court orders the property sold at public auction.
- Distribution of Proceeds: After sale, the court deducts expenses and distributes the net proceeds among owners in proportion to their ownership interest. See Miss. Code Ann. § 89-1-5.
4. Timeline and Costs
A partition action may take several months, depending on court schedules, surveys, and whether the property must be sold. Court costs, survey fees and commission fees for sale are paid from the sale proceeds or assessed to the parties.
Helpful Hints
- Gather deeds, title documents and any agreements among owners before filing.
- Consider mediation to reach a voluntary agreement and avoid litigation costs.
- Understand your ownership percentage; this determines your share of sale proceeds.
- Ask the court about appointing neutral commissioners for in-kind partitions.
- Consult a licensed Mississippi attorney for personalized guidance and court filings.