Detailed Answer

If you and your sibling now own real property in Mississippi that belonged to your late father and you cannot agree on what to do with the house, Mississippi law allows a co-owner to force a partition of the property. This means a court can either divide the land physically (partition in kind) or order the property sold and divide the sale proceeds among the co-owners (partition by sale). The usual forum for partition and estate-related disputes in Mississippi is the chancery court for the county where the property is located. See the Mississippi Judiciary website for chancery court information: https://courts.ms.gov. The statutory partition provisions are found under the Mississippi Code (partition statutes are commonly cited as Miss. Code Ann. § 11-21-1 et seq.). For state statutes and searching code provisions, see the Mississippi Legislature site: https://www.legislature.ms.gov.

Step-by-step process

Confirm how title is held. Look at the deed recorded in the county land records and any probate file for the decedent. Common outcomes after a person dies: the property may have passed by survivorship (if titled as joint tenants with right of survivorship), by operation of a transfer-on-death instrument, or it may have been distributed by the probate process (leaving you and your sibling as tenants in common). Only co-owners (usually tenants in common) can seek partition; if title passed by right of survivorship to one person alone, a partition action is not the correct remedy.
Try a negotiated resolution first. Courts expect co-owners to explore buyouts, voluntary sale, or mediation. A buyout (one owner purchases the other’s interest) or an agreed sale often saves time and costs.
Prepare documents and information. Collect the deed(s), the decedent’s death certificate, probate papers (if probated), mortgage/payment records, tax bills, insurance info, and records of any improvements or expenses you or your sibling paid. The court will need this information to allocate liens, credits for contributions, and sale proceeds.
File a partition complaint in chancery court. If negotiation fails, a co-owner files a complaint (petition) asking the chancery court to partition the property. The petition must name all co-owners and any parties with recorded interests (mortgagees, lienholders). The court will serve process and give each party an opportunity to respond.
Court determines whether partition in kind is practicable. The court will consider whether the property can be fairly divided. For a single-family house on a small lot, partition in kind is often impractical; the court will likely order partition by sale. The court weighs factors like size, improvements, and fairness to co-owners.
If sale is ordered, a commissioner or other officer typically conducts the sale. The court commonly appoints a commissioner (or similar official) to advertise, sell the property (often at public auction), and report the sale to the court. The court will confirm the sale and direct distribution of proceeds after paying mortgages, liens, taxes, court costs, and allowable credits.
Allocation of proceeds and credits. Net sale proceeds are divided according to owners’ legal shares. The court may allow credits for contributions (e.g., payments for repairs, mortgage payments, taxes, or necessary improvements), subject to proof. Liens and mortgages are paid out of sale proceeds according to their priority.

Common legal and practical considerations

Title type matters. If the deed shows joint tenancy with survivorship, the survivor likely owns the property outright. If it shows tenancy in common or the probate distribution created co-ownership, any co-tenant can seek partition.
Probate proceedings. If the property remains part of an open estate, the personal representative (executor/administrator) may need to be involved. If the estate has been distributed, the recorded deeds and probate order will show current ownership.
Costs and timeline. Partition actions involve filing fees, attorney fees, and costs of sale. The process can take months to over a year depending on local court schedules and complexity.
Encumbrances. Mortgages, liens, or unpaid taxes remain attached to the property until paid or otherwise resolved in the sale. The purchaser takes clear title only after liens are addressed.
Homestead or survivor protections. Mississippi law provides certain protections (for example, homestead or family allowances in probate); these can affect the estate administration but do not usually prevent a partition among current co-owners who hold title.

When to get an attorney

Partition actions involve court filings, title issues, potential offsets for improvements or payments, and lien priorities. If there are mortgages, unresolved probate issues, or contested factual allegations (e.g., who paid what and when), an attorney can prepare the complaint, identify parties, handle discovery, advocate for credits or buyout terms, and represent you in court.

Relevant Mississippi resources

Mississippi Judiciary (info on chancery courts and contact points): https://courts.ms.gov
Mississippi Legislature (statute search and Mississippi Code): https://www.legislature.ms.gov — see partition statutes commonly cited as Miss. Code Ann. § 11-21-1 et seq.

Disclaimer: This article is educational only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Mississippi attorney before taking action.

Helpful Hints

Confirm ownership by ordering a title search or visiting the county land records office — the deed language (joint tenancy vs. tenants in common) determines rights to force partition.
Gather key documents before you speak with an attorney: deed(s), death certificate, probate papers, mortgage statements, property tax records, insurance records, and receipts for improvements or payments you made.
Attempt a written buyout offer or use mediation — courts look favorably on parties who try to resolve disputes without litigation.
Watch deadlines in probate files — if the estate is open, certain claims or distributions may impact who has authority over the property.
Expect the sale process to deduct mortgages, liens, unpaid taxes, and sale-related costs from gross proceeds; keep realistic expectations about net cash available after sale.
Ask about contingency fees, flat fees for partition matters, and anticipated court costs when consulting attorneys so you can compare options.