How to Start a Partition Action in Mississippi

Short answer: If co‑owners of Mississippi real estate cannot agree on dividing or selling the property, any co‑owner may ask a court to force a division or a sale through a partition action. In Mississippi, partition is an equitable remedy handled in chancery court. The case typically asks the court to either physically divide the land (partition in kind) or order a public sale and divide proceeds among the owners (partition by sale).

Important legal note / disclaimer

This information is educational only and not legal advice. I am not a lawyer. For advice tailored to your facts, consult a licensed Mississippi attorney before filing court papers or taking legal action.

Key Mississippi law

Partition actions in Mississippi are governed by the state’s statutes on partition (see Miss. Code Ann. § 11‑21‑1 and following). You can review the partition statutes through the Mississippi state statutes site: https://www.mscode.state.ms.us. Chancery courts (equity courts) usually handle partition cases; see the Mississippi Courts site for chancery court locations and contact information: https://courts.ms.gov.

Who may file a partition action?

Any co‑owner of land (tenant in common, joint tenant, or owner in severalty with another) who wants the property divided or sold.
A mortgagee, lienholder, or purchaser with recorded interest may sometimes intervene or be joined if their rights affect the property distribution.

Where to file

File the partition complaint in the chancery court of the county where the property is located. Chancery court handles equitable remedies like partition and typically orders commissioners to divide or sell the property.

Basic steps to start a partition action in Mississippi

Collect title information and documents.

Get the deed, title abstract or title report, mortgage statements, tax records, and any agreements among owners. Know each owner’s recorded interest, and find any liens or mortgages on the property.
Name the proper parties in a complaint.

The complaint should identify the plaintiff (the co‑owner who files) and all co‑owners and known lienholders as defendants. Mississippi courts require joinder of all interested parties so the court can effect a complete partition.
Draft and file the complaint (petition) for partition.

Typical contents: a legal description of the property; plaintiff’s claimed interest; names and addresses of other owners; a statement that owners cannot agree; a request for partition in kind or partition by sale; and a request that the court appoint commissioners or a receiver, account for rents and profits, and order distribution of proceeds after paying liens and costs.
Serve defendants and allow time for response.

Defendants receive service under Mississippi civil procedure rules. Defendants may answer, assert counterclaims (for example, to force sale instead of division), or claim liens or offsets.
Preliminary motions and discovery (if contested).

Parties may dispute title, claims of adverse possession, or accounting of rents. The court may allow discovery (depositions, document requests) before ordering partition actions.
Court orders appointment of commissioners or sale.

If land can be fairly divided, the court may appoint commissioners to survey and divide the property (partition in kind). If division is impractical or division would be unequal or wasteful, the court may order a sale and direct how to conduct the sale (often a public auction).
Sale, payment of liens, and distribution of proceeds.

When the court orders a sale, proceeds pay valid liens and costs first (mortgages, taxes, sale costs), and the remainder divides among owners according to their interests. If liens exceed proceeds, owners remain responsible for deficiencies according to their share.
Final accounting and decree.

The court issues a final decree showing how the property was divided or how sale proceeds were distributed. Recording the decree clears title as necessary and allows transfers to purchasers.

Common issues to expect in Mississippi partition cases

Title problems: unclear deeds, missing owners, heirs, or unrecorded interests complicate joinder.
Liens and mortgages: these usually must be paid from sale proceeds or remain attached to the divided parcels; consult an attorney about priority and necessary payoff amounts.
Valuation disputes: owners often disagree on fair value; the court may order appraisals.
Impractical division: irregular or single‑structure parcels usually trigger partition by sale.
Cost and delay: contested partition cases can take many months and generate attorney and court costs deducted from proceeds.

Hypothetical example

Three siblings own an undeveloped 30‑acre tract as tenants in common. Two want to sell; one wants to keep it. One sibling files a partition complaint in the county chancery court asking for sale because a fair physical division would leave awkward leftover parcels. The court names all three as defendants, orders title and lien searches, and, after hearing, finds a sale is appropriate. The court appoints commissioners, orders a public sale, directs payment of the mortgage from sale proceeds, and enters a final decree distributing the net proceeds to the three owners according to their ownership shares.

Alternatives to a partition lawsuit (often faster and cheaper)

Negotiate a buyout where one owner buys out the others at an agreed price.
Mediation or arbitration to reach a settlement on sale or division terms.
Listing the property for sale by agreement, then splitting proceeds per ownership shares.

How long does a partition case take and how much does it cost?

Timelines vary. Uncontested matters (clear title, agreement on sale) can resolve in a few months. Contested matters with title disputes or valuation fights can take a year or more. Costs include filing fees, publication fees for sale, commissioners’ fees, appraisals, and attorney fees. The court often orders costs and fees paid from sale proceeds.

Practical checklist before you file

Obtain a current copy of the deed(s) and a title search or abstract.
Identify all co‑owners, heirs, lienholders, and mortgage holders.
Gather tax bills, mortgage payoff statements, and rental/expense records.
Consider whether the property can be fairly divided or whether sale makes more sense.
Talk with a Mississippi chancery attorney about drafting the complaint and service requirements.

Helpful hints

File in the chancery court where the property lies; check local filing requirements and fees.
Name everyone with a recorded interest to avoid later challenges or missing parties.
Get at least one professional appraisal if owners dispute value; the court may rely on it.
Expect the court to protect creditor rights—mortgages and tax liens get priority out of sale proceeds.
If you own only a small percentage, weigh the cost of litigation against negotiating a buyout.
Use mediation before or during litigation to save time and money when possible.
Keep careful records of any rent, repairs, or taxes you paid; the court can credit or debit owners for contributions.

Finding a lawyer in Mississippi

Search for a chancery or real estate litigation attorney licensed in Mississippi. Look for experience handling partition, quiet title, and property division cases. Your local county bar or the Mississippi Bar lawyer referral service can help you find counsel.

Where to read Mississippi statutes and find local court information

Mississippi statutes and code (searchable): https://www.mscode.state.ms.us
Mississippi Courts information, including chancery courts: https://courts.ms.gov

If you want, provide details about the ownership shares, location of the property, and any recorded liens, and I can outline the likely procedural steps and documents you’ll need to prepare before seeing a Mississippi chancery attorney.