Mississippi: Forcing Sale of Family Property When Some Owners Refuse
Can a co-owner force a sale of property when other family members refuse? — Mississippi overview 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 […]
Read article →Mississippi: Rights of Co-Owners When a Life Tenant Occupies the Property
Understanding Your Rights When a Co-Owner Lives on Shared Property as a Life Tenant (Mississippi) Quick overview: If one co-owner holds a life estate (a "life tenant") and is living in the property, that person generally has the legal right to possess and use the property during the term of the life estate. Other co-owners […]
Read article →Mississippi: Can a Life Tenant Stay in the House During a Partition?
Can a life tenant continue living in the house during a partition in Mississippi? Short answer: Often yes — but it depends. A life tenant normally has a right to possess the property for life, and a court handling a partition action must account for that interest. However, a partition can result in a sale […]
Read article →Filing a Partition Action in Mississippi When Inherited Co-Owners Won’t Respond
How to file a partition action in Mississippi when some inherited co-owners won’t respond Short answer: In Mississippi you file a partition suit in the chancery court where the property lies. If some heirs or co-owners do not respond or cannot be located, the court can allow substituted service (including service by publication), enter defaults […]
Read article →Mississippi — What Happens When Co-Owners Disagree and a Court-Appointed Commissioner Conducts a Private Sale?
Detailed Answer — What happens when co-owners disagree and the court appoints a commissioner to handle a private sale? When co-owners cannot agree about dividing or selling jointly owned real property, Mississippi courts can resolve the dispute through a partition action. If the court decides a sale is the fairest solution, it may appoint a […]
Read article →Mississippi — Forcing Sale of an Inherited Parcel When a Co‑owner Refuses to List
What to Do When a Co‑owner Refuses to List an Inherited Parcel (Mississippi) Detailed Answer When multiple people inherit real property together in Mississippi and one co‑owner refuses to cooperate with selling a specific parcel, the law provides procedures to force a sale so each co‑owner can get their share of the value. The normal […]
Read article →Mississippi: Paperwork You Need to Prove House Expenses in a Partition Case
What paperwork to collect to prove house expenses in a Mississippi partition case Quick answer: Gather original receipts, cancelled checks, bank statements, credit card statements, contractor invoices and paid receipts, canceled or imaged checks showing payee, escrow and closing statements, tax and insurance records, repair estimates, photographs showing work, contracts or change orders, and a […]
Read article →Mississippi — Recovering Mortgage, Property Taxes, and Carrying Costs From Sale Proceeds
Can I Include Mortgage Payments, Property Taxes, and Other Carrying Costs in My Share of Sale Proceeds? Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Mississippi legal principles to help you understand options and questions to ask a lawyer. Short answer In Mississippi, a co-owner who pays […]
Read article →Mississippi: Requiring a Co-Owner to Produce Mortgage Statements and Repair Receipts Before Dividing Sale Proceeds
Detailed Answer Short answer: Under Mississippi law, a co-owner can often be required to produce mortgage statements, proof of mortgage payments, and receipts for repairs or improvements when proceeds from a sale of jointly owned property are being divided — but how you can get those documents and whether the court will credit them against […]
Read article →Mississippi — How to Force the Sale of a Co‑Owned House: Partition Actions and Next Steps
FAQ — Partition Actions and Forcing the Sale of Real Property When Co‑Owners Disagree Quick answer If you co‑own Mississippi real estate with others and you cannot reach an agreement about what to do with the property, you can ask a court to break up the ownership through a partition action. The court can either […]
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