Can I force the sale of shared property if co-owners refuse to buy me out?

Detailed answer — how a partition action works in Mississippi

When two or more people own real property together and one or more owners want to end joint ownership, Mississippi law allows an owner to file a partition action in chancery court. A partition action asks the court to either divide the property physically (partition in kind) or, if physical division is impractical or would significantly reduce value, order a sale and divide the sale proceeds among the owners.

Key points about forcing a sale in Mississippi:

File in chancery court: Partition actions are equitable proceedings handled by the Mississippi chancery courts. See the Mississippi Judiciary information on chancery courts for jurisdiction and contact information: https://courts.ms.gov/chancery/index.php.
Who to name: The petition must name all co-owners and any parties with recorded interests (mortgages, liens). If a recorded lien exists, the lienholder must be notified because liens are paid from sale proceeds.
Relief requested: The plaintiff requests partition in kind or partition by sale. The court will prefer partition in kind if the property can be fairly and practically divided. If division is impracticable or would materially reduce value, the court will order a sale.
Court discretion: The court decides whether in-kind partition is possible. If not, the court appoints a commissioner (or other court-appointed person) to conduct the sale, or it may set terms for a public sale. The sale proceeds are distributed according to ownership shares after payment of mortgages, liens, costs, and court fees.
No buyout offers required: Co-owners are not required to make buyout offers. If co-owners refuse to buy out the objecting owner, the court can still order a sale and divide proceeds. A refusal to buy out does not prevent a partition by sale.
Impact of mortgages and liens: Outstanding mortgages or liens attach to the property and are usually paid from sale proceeds before owners receive their shares. The court may order that mortgages remain on the property until sale or be paid at sale.
Possible temporary relief: If a co-owner is risking waste or unauthorized removal of value (e.g., demolition, removal of fixtures, or refusal to maintain insurance), you may ask the court for temporary injunctive relief or appointment of a receiver to protect the property pending the final partition.

Typical procedural steps

Gather documents: deed(s), chain of title, mortgage and lien information, tax records, maintenance and insurance records, and any written agreements among owners.
Send a demand (optional but often useful): a written demand asking co-owners to negotiate a buyout or agree to sale. This creates a record that you attempted to resolve the dispute without court.
File a petition for partition in chancery court where the property is located. The petition should describe ownership shares, request partition, and identify lienholders and other interested parties.
Serve all co-owners and lienholders with the summons and petition according to Mississippi law.
Ask the court for interim relief if needed, such as a temporary injunction against wasting the property or appointment of a receiver to collect rents and manage the property.
If the court orders sale, a commissioner or sheriff will carry out the sale under court supervision. After sale, the court distributes net proceeds according to ownership interests and pays costs, liens, and taxes.

Common issues and practical considerations

– Ownership type matters: Tenancy in common allows each owner to force partition. If the ownership is by married persons holding title as tenants by the entirety, different rules apply (in Mississippi that form of ownership may protect property against partition by one spouse alone). Verify how title was taken.

– Contributions and credits: If one owner paid more than their share for mortgages, taxes, or improvements, the court may account for equitable adjustments when distributing proceeds.

– Costs and timing: Partition suits take time and cost money (court fees, appraisal, commissioner’s fees, attorneys’ fees). Net recovery after sale may be less than anticipated once costs and liens are paid.

– Possible alternatives: negotiated buyout, mediation, voluntary sale, or one owner offering a mortgage or promissory note to buy out others can avoid court costs and delays.

When to get an attorney

Consider hiring an attorney if any of these apply:

There are mortgages, liens, or disputed title issues.
A co-owner alleges adverse possession, undocumented contributions, or encumbrances.
You need interim relief (injunction, receiver).
The property is complex (commercial property, multiple parcels) or the ownership shares are unclear.

Relevant Mississippi government resources

Chancery Courts (jurisdiction and contact info): https://courts.ms.gov/chancery/index.php
Mississippi Legislature (search statutes and code): https://www.legislature.ms.gov/ — use the site search to locate statutes and any statutory rules that may affect partition, liens, or court procedure.

Helpful hints

Start with a title search: identify all recorded owners and lienholders so you can name the right parties in court.
Get an appraisal: an early fair-market valuation helps you evaluate whether a partition in kind is possible and whether to push for a sale or attempt negotiation.
Document expenses and improvements: records of mortgage payments, taxes, insurance, and improvements can affect the distribution of proceeds.
Try negotiation first: a written buyout offer or mediation can be cheaper and faster than court.
Be realistic about net proceeds: subtract taxes, liens, closing costs, appraiser and commissioner fees, and attorney fees when estimating your take.
Act quickly to protect property: if a co-owner threatens to damage or remove value, seek temporary court orders to prevent waste.
Expect court discretion: the judge has broad equitable authority in partition cases; outcomes depend on facts, title form, and evidence presented.

Disclaimer: This article explains general principles about partition actions in Mississippi and is for informational purposes only. It is not legal advice. For help with a specific case, consult a licensed Mississippi attorney who can evaluate your facts and represent your interests.