Detailed Answer
Under Mississippi law, co-owners of real estate—whether tenants in common or joint tenants—may file a partition action in chancery court to divide or sell the property. This process gives a dissatisfied co-owner a way to force the sale of the property when dividing it in kind is impractical or inequitable.
1. Petition for Partition
Any co-owner may start a partition action by filing a petition in the chancery court of the county where the property lies. Miss. Code Ann. § 11-27-3 (https://www.legislature.ms.gov/mcode/title11/chapter27/section11-27-3/) authorizes a co-tenant to request either a physical division (“partition in kind”) or a sale.
2. Service and Response
All other co-owners must be served with the petition. They have a set period (usually 30 days) to respond. If they agree, the court can enter an agreed order. If they object or cannot agree, the court schedules a hearing.
3. Hearing and Findings
At the hearing, the chancery judge reviews evidence on whether a physical division is fair. Factors include property size, improvements, location of structures and each party’s ownership interest.
4. Ordering a Sale
If the court finds partition in kind impractical or unconscionable, it may order a sale under Miss. Code Ann. § 31-7-13 (https://www.legislature.ms.gov/mcode/title31/chapter7/section31-7-13/). The court appoints a commissioner or trustee to conduct a public auction or sealed-bid sale.
5. Sale and Distribution
The appointed commissioner advertises the sale, follows statutory notice requirements and conducts the auction. After costs—such as auctioneer fees, advertising and court costs—the net proceeds are divided among the co-owners according to their ownership percentages.
Example
Three siblings own a rural cabin as tenants in common. One sibling petitions for partition, seeking sale. The court finds dividing the cabin and acreage would substantially damage value. It orders a sale, appoints a commissioner and holds an auction. After sale, proceeds—minus costs—are split one-third each.
Where to File
Partition actions occur in chancery court. Mississippi’s chancery courts handle property division, equity matters and guardianships. Contact your county chancery clerk for local filing procedures, fees and timelines.
Key Statutes
• Miss. Code Ann. § 11-27-3: Who may petition for partition and forms of relief.
• Miss. Code Ann. § 31-7-13: Court-ordered sale when partition in kind is impractical.
Helpful Hints
- Review your deed to confirm ownership type (joint tenancy vs. tenancy in common).
- Gather title documents and any agreements among co-owners before filing.
- Consult local chancery clerk for filing fees, forms and deadlines.
- Consider mediation to reach an agreed split before pursuing a sale.
- Keep clear records of improvements and contributions to support your ownership share.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.