Short answer

Yes. In Mississippi chancery courts, a party can ask the court to appoint a commissioner (sometimes called a special commissioner or master) to carry out a partition sale. The court has discretion whether to order partition in kind or by sale and whether to approve a private sale to a particular buyer. The court will usually approve a private sale only if it finds the sale is fair, provides appropriate notice to co-owners, protects creditors, and serves the interests of all parties.

How Mississippi law treats partition sales and commissioners

Partition actions in Mississippi are equitable matters traditionally heard in chancery court. The chancery court has broad equitable powers to divide property or order a sale and to appoint commissioners to manage the practical steps of partition, including conducting sales and reporting back to the court. For general information about chancery court jurisdiction and procedures, see the Mississippi Courts website: https://courts.ms.gov/ and the Mississippi Legislature website for the state code: https://www.legislature.ms.gov/.

When the court will appoint a commissioner

The court commonly appoints a commissioner when:

• Parties cannot agree on how to divide the property physically (partition in kind is impractical);
• A sale of the property is needed to divide proceeds among co-owners;
• A party requests a neutral person to manage notice, bidding, closing, and distribution; or
• The court finds a commissioner will promote an efficient, fair process.

The appointment is discretionary. The court may impose conditions on the commissioner, require a bond, or limit the commissioner’s authority.

Can the commissioner conduct a private sale to a specific buyer?

Yes, but with caution. A commissioner can carry out a private sale only if the court authorizes it. Courts generally prefer public sales or competitive procedures because they promote fair market value and protect co-owners and creditors. A private sale to a particular buyer will be approved only when the court is satisfied that:

• The sale price is fair and supported by evidence (appraisal, broker opinion, comparable sales);
• All required notice to co-owners and interested parties has been provided;
• No party is unfairly prejudiced and any objections have been considered; and
• Sale terms are transparent, the purchaser is financially able to close, and the court retains jurisdiction to confirm or reject the sale.

Practical steps to ask the court to appoint a commissioner for a private sale

1. File a written motion or petition that requests appointment of a commissioner and specifies the proposed scope of authority (e.g., to accept an offer and close a private sale subject to court confirmation).
2. Attach the proposed purchase contract or written offer, proof of buyer financing (or cash proof), and a recent appraisal or broker price opinion showing the sale price is reasonable.
3. Propose a form of order that appoints the commissioner, defines duties, sets deadlines, and explains how sale proceeds will be handled (escrow, reserves for liens, distribution procedure).
4. Request specific procedures for notice to all co-owners, lienholders, and other interested parties and set a schedule for objections and a confirmation hearing.
5. Be prepared to show at the hearing that the private sale is preferable or at least no worse than a public sale—evidence and testimony help.
6. If the court approves the sale, the commissioner will typically execute the deed, provide a report of sale, and ask the court to confirm and enter an order distributing proceeds.

Common requirements and court concerns

Chancery courts commonly require the following before approving a private sale:

• Clear evidence of fair market value (appraisals, broker statements);
• Full notice and an opportunity to object by all co-owners and lienholders; courts often require publication or personal service depending on the parties and liens;
• Terms that avoid self-dealing—e.g., a party or the commissioner buying at an under-market price raises scrutiny;
• Proof the buyer has the ability to close and that the sale will extinguish or address liens and taxes;
• A confirmation hearing so the court can evaluate objections and confirm or set aside the sale.

What to expect if co-owners object

Co-owners may object to a private sale for reasons such as inadequate price, insufficient notice, or concerns about self-dealing. If objections arise, the court may:

• Require a public auction or sealed bids instead;
• Order additional appraisal or marketing steps;
• Require the purchaser to participate in a competitive sale process; or
• Reject the private sale and remand the matter to the commissioner with new instructions.

Hypothetical example

Suppose three siblings own a family parcel and cannot agree how to divide it. One sibling finds a nearby buyer who offers a fair price in cash. The sibling files a petition asking the chancery court to appoint a commissioner to carry out a private sale to that buyer, attaches a recent appraisal and the buyer’s proof of funds, and proposes notice and a confirmation hearing. The court reviews the evidence, allows the other siblings to object, and—finding the price fair and procedure protective of everyone’s rights—appoints a commissioner to close the sale and report back for confirmation and distribution of proceeds.

Helpful hints

• Give the court strong evidence of fair value: an independent appraisal or multiple broker opinions are persuasive.
• Document the buyer’s ability to close: proof of funds or preapproval reduces court skepticism.
• Provide a clear proposed order describing the commissioner’s duties, compensation, and any bond requirements.
• Serve complete notice to co-owners, lienholders, and known creditors; follow the court’s local rules for service and publication.
• Anticipate objections: be ready to explain why a private sale is in the estate’s or co-owners’ best interest and why a public sale is unnecessary or less desirable.
• Consider agreeing in advance with co-owners about minimum acceptable terms or a buyout option to avoid litigation over sale format.
• Work with counsel familiar with Mississippi chancery practice to draft the motion, proposed order, and to present evidence at the confirmation hearing.

Where to learn more and find local rules

For information about chancery-court procedures and local rules, visit the Mississippi Judiciary site: https://courts.ms.gov/, and search the Mississippi Code on the Mississippi Legislature website: https://www.legislature.ms.gov/. Local chancery court clerks can explain local filing and notice requirements.