Short answer: Under Mississippi law, a co-owner who holds property as a tenant in common can ask a court to force a sale through a partition action. The court can order a physical division of the land when it is practical or a sale of the whole property and division of proceeds when division in kind is impractical. Ownership listed as tenancy by the entireties or subject to certain other legal protections can limit a forced-sale remedy. This article explains how that process works, what to expect, and practical next steps.

Detailed answer — how forced sale works in Mississippi

1. Who has the right to force a sale?

When two or more people own real estate together, the default ownership form (unless the deed says otherwise) is usually tenancy in common. Each tenant in common has a separate, undivided ownership interest in the whole property and the right to seek partition. In Mississippi, co-owners who cannot agree may file a partition action in chancery court to divide or sell the property. If the deed shows ownership as tenancy by the entireties (usually married couples) or as joint tenancy with rights of survivorship, the ability of one co-owner to force a sale can be limited or different.

2. Partition actions: division in kind vs. sale

Mississippi law provides the remedy of partition. In a partition action, the court will consider whether the property can be fairly divided (partition in kind). If dividing the property would be impractical or would substantially reduce value, the court can order sale of the entire property and divide the proceeds among the owners in proportion to their ownership interests.

For a statutory reference and more detail, see Mississippi’s partition provisions (Title 11, Chapter 11) on the state legislature site: Miss. Code Ann. Title 11, Ch. 11 (Partition).

3. Which court handles the case?

Partition actions are handled in chancery court in Mississippi (equity court). The chancery court follows equitable principles: it seeks a fair division, considers costs and expenses, and may account for unequal contributions by co-owners.

4. Typical court process and outcomes

Basic steps and possible outcomes:

• Filing: A co-owner files a petition for partition in the chancery court where the property is located.
• Notice and joinder: All co-owners and interested parties (mortgage lenders, lien holders, heirs) must be named and served.
• Preliminary issues: The court determines ownership shares, outstanding liens, and whether division in kind is feasible.
• Resolution: The court may order physical partition (divide the land), order a sale (public auction or private sale under court supervision), or approve a negotiated buyout where one owner purchases the others’ interests.
• Distribution: After sale, the court pays lien holders, sale costs, and divides the net proceeds among owners according to shares, with possible adjustments for contributions, improvements, or waste.

5. Practical limits and special situations

• Tenancy by entireties: If the property is owned solely by a married couple as tenants by entireties, a third-party co-owner situation typically won’t apply; one spouse cannot partition the property from the other.
• Encumbrances and mortgages: Outstanding mortgages, liens, or judgments must be resolved. A sale usually pays creditors first. A lender’s foreclosure rights remain separate from a partition action.
• Minor owners or estates: If a co-owner is a minor, incapacitated, or deceased (owner’s interest passing through probate), the court may require representation or guardianship and may delay sale until representation is in place.
• Improvements and unequal contributions: Courts can credit co-owners who paid more for improvements, taxes, or mortgage payments. Expect accounting and proof of expenses.

6. Alternatives to filing for partition

Filing a chancery action can be costly and slow. Consider alternatives first:

• Negotiate a buyout: One owner pays others’ fair share (use a professional appraisal).
• Sell by agreement: List the property and split proceeds per ownership shares.
• Mediation: Formal mediation can produce a settlement that avoids litigation costs.

7. Costs, timing, and practical expectations

Partition litigation can take months to over a year depending on complexity, liens, and disputes. Expect court filing fees, attorney fees, appraisal and survey fees, and sale costs. The court may award costs or attorneys’ fees depending on the facts. A negotiated solution often saves time and money.

8. How to prepare if you want to pursue or resist a forced sale

1. Obtain the deed and title report to confirm how the property is owned.
2. Order a current appraisal to establish fair market value.
3. Gather records of contributions: mortgage payments, taxes, improvements, and repairs.
4. Attempt negotiation with co-owners and consider mediation before filing suit.
5. Consult a Mississippi attorney experienced in chancery/real property litigation to evaluate options and likely outcomes.

Statute reference: See Miss. Code Ann. Title 11, Chapter 11 for partition law in Mississippi: https://www.legislature.ms.gov/legislation/laws/Code/Title/11/Chapter/11/.

This explanation is educational only and does not constitute legal advice. For advice about your situation, consult a licensed Mississippi attorney who can review your deed, documents, and the facts in detail.

Helpful Hints

• Check the deed first: identify whether the ownership is tenancy in common, joint tenancy, or tenancy by the entireties.
• Get a market appraisal before making offers or filing suit—knowing value helps negotiation and court credibility.
• Document payments for mortgage, taxes, and repairs—these can affect how proceeds are divided.
• Offer a written buyout with a clear deadline; many disputes resolve once one side presents a serious offer.
• Use mediation: Courts encourage settlement and many chancery courts will refer parties to mediation.
• Consider timing: a forced sale can take many months; if cash flow is urgent, prioritize quick negotiated sales.
• Account for taxes: selling or receiving proceeds may have capital gains consequences—consult a tax advisor.
• Find a lawyer early: a lawyer can identify liens, title problems, or ownership quirks that change strategy.