Partition Actions in Mississippi | MS Legal Resources | FastCounsel

How to Start a Partition Action in Mississippi When a Co-Owner Refuses

Detailed Answer Short summary: In Mississippi, a partition lawsuit is an equitable action filed in Chancery Court to divide or sell jointly owned real property when co-owners cannot agree. You should first gather title documents, try a written demand and negotiation, then file a petition for partition in the chancery court where the property sits. […]

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How to Force a Partition Sale of a Co-Owned House in Mississippi

Detailed Answer If you and your sibling now own real property in Mississippi that belonged to your late father and you cannot agree on what to do with the house, Mississippi law allows a co-owner to force a partition of the property. This means a court can either divide the land physically (partition in kind) […]

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Defending a Partition Action in Mississippi: What Co-Tenants Should Know

How to Defend Against a Partition Action in Mississippi Clear, practical guidance for co-tenants who face a lawsuit asking the court to force the sale of an inherited home. Detailed answer: Overview and step-by-step defense under Mississippi law When a co-tenant files a partition action in Mississippi, they ask the court to physically divide property […]

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Mississippi: What Happens If a Co‑Tenant Refi or Takes a Home Equity Loan on Inherited Property Without My Approval?

What Happens If a Co‑Tenant Takes Out a Home Equity Loan or Refinances an Inherited Mississippi Property Without My Approval? Short answer: In Mississippi, a co‑tenant generally cannot create a valid encumbrance on another co‑tenant’s undivided ownership interest without that co‑tenant’s signature. A loan taken by one co‑owner typically creates a lien only on that […]

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Mississippi: Remedies When a Co‑Owner Sells Property Without Your Agreement

Common legal remedies in Mississippi when a co‑owner conveys property without your agreement Short answer: If a co‑owner transfers title to the whole property without your consent, your primary remedies in Mississippi are to (1) challenge the validity of the conveyance (quiet title/cancellation/rescission) if the deed is forged, fraudulent, or exceeds the seller’s interest; (2) […]

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How to Buy Out Siblings’ Interests in a Parent’s Property — Mississippi

Buying Out Siblings’ Interests in a Parent’s Property — Mississippi FAQ Quick answer: Under Mississippi law you can usually buy out your siblings’ interests in your father’s property instead of selling, but you must first confirm how title and inheritance were handled, agree on price and terms (or obtain a court valuation), and complete a […]

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Buying Out Siblings’ Shares in a Parent’s House — Mississippi Guide

How to buy out your siblings’ shares in a parent’s house in Mississippi This FAQ-style guide explains the typical steps, legal options, and practical considerations when you want to purchase your siblings’ shares of a parent’s home in Mississippi instead of forcing a sale through probate or the courts. This is general information and not […]

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How to File a Partition or Petition for Sale of Inherited Real Estate in Mississippi (When Some Heirs Are Minors)

Filing a Partition Action or Petition for Sale of Inherited Real Estate in Mississippi When Some Heirs Are Minors Not legal advice. This article explains general Mississippi law and common court practice — it does not replace advice from a licensed Mississippi attorney. Detailed answer: what to know and the usual steps When multiple heirs […]

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Mississippi: Forcing Sale or Division of Family Land (Partition) — What to Know

Detailed Answer Disclaimer: This article is for general informational purposes only and is not legal advice. Consult a Mississippi attorney about your specific situation before taking legal action. If you and several family members (siblings and their children) hold title to a single parcel of land and one co-owner wants to end joint ownership, the […]

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Filing a Partition Lawsuit in Mississippi: Step-by-Step Guide

How the Partition Process Works for Property Co-Owners in Mississippi When co-owners cannot agree on how to divide or use jointly owned real estate in Mississippi, the chancery court can force a division or sale through a partition action. Below is a clear, step-by-step explanation of how the process typically works under Mississippi law, what […]

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