Detailed Answer
Under Mississippi law, any co-owner of real property may seek a judicial partition when multiple relatives own land together. Partition actions proceed in Chancery Court under Miss. Code Ann. § 11-21-1 et seq. (View § 11-21-1: https://www.mscode.ms.gov/Sections/11-21-1.htm).
Step 1: Verify Ownership and Property Description
Gather certified copies of deeds, title reports, and surveys. Confirm each relative’s name, address, and ownership interest. A precise legal description avoids delays.
Step 2: Draft and File the Partition Petition
Prepare a petition in the Chancery Court of the county where the land lies. Your petition must:
- Identify all co-owners by full name and address.
- Include a complete legal description of the property.
- State the nature of the relief sought (in-kind division or sale and division of proceeds).
- Reference Miss. Code Ann. § 11-21-7 regarding notice requirements (https://www.mscode.ms.gov/Sections/11-21-7.htm).
File the petition with the Chancery Clerk and pay the statutory filing fee. Fees vary by county.
Step 3: Serve Notice on All Co-Owners
Mississippi requires that all co-owners receive a copy of the petition and a notice of hearing at least 10 days before the hearing date. Service may occur by certified mail or personal delivery. Keep proof of service for the court record.
Step 4: Court Appoints Commissioners
If the court finds partition proper, it appoints three disinterested commissioners. These commissioners inspect, appraise, and propose a method to divide or sell the property. The commissioners file their report with the court within the timeframe the court sets (often 30–60 days).
Step 5: Review Hearing and Decree
The court schedules a hearing to review the commissioners’ report. Co-owners may object to the proposed division. After considering arguments, the court issues a partition decree. This decree either:
- Divides the land into separate tracts allocated to each owner;
- Orders the property sold and the net proceeds divided according to ownership shares.
Step 6: Record the Final Decree
Record the partition decree in the county land records. Recording transfers fee simple title to the newly defined parcels or finalizes the sale proceeds distribution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Review title abstracts early to spot liens or encumbrances.
- Consider a professional surveyor for accurate boundary lines.
- Maintain organized copies of all filings, notices, and proofs of service.
- Explore mediation among relatives to reduce court costs and preserve relationships.
- Budget for commissioners’ fees, appraisal costs, and recording fees.