Partition Actions in Mississippi | MS Legal Resources | FastCounsel

Can heirs of a deceased sibling be included in the partition action, and how do I add them? — MS

Including Heirs of a Deceased Sibling in a Mississippi Partition Action — What You Need to Know Short answer: Yes. If your deceased sibling owned an interest in real property that is the subject of a partition action, that decedent’s interest passes to his or her estate and ultimately to heirs or devisees. Those persons […]

Read article →

How can I file a partition-for-sale suit in Mississippi when a minority of the siblings won’t agree to sell our inherited land?

Partition-for-Sale in Mississippi: How to force a sale when a minority of heirs refuse Short answer: In Mississippi you can ask a court to partition inherited land and, if a physical division isn’t practical, the court can order a sale over the objection of minority co-owners. You must file a partition action in the chancery […]

Read article →

Who Should Be Listed as Petitioners on a Partition Lawsuit in Mississippi (MS)?

Detailed Answer This section explains, in simple terms and using a short hypothetical, who should be listed as petitioners when someone asks a Mississippi court to divide (partition) real property owned by more than one party. Hypothetical facts (short) Three people own a vacation cabin in Mississippi as tenants in common: Alice (50% on the […]

Read article →

How can I negotiate a fair buyout of my interest in family land in MS when a co-owner offers much less than the appraised value?

Detailed Answer This FAQ explains practical, legally grounded steps you can take in Mississippi when a co-owner of family land offers to buy out your interest for much less than a recent appraisal. It focuses on what you can do before filing court papers, what rights you have under Mississippi law, and negotiation strategies that […]

Read article →

What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (MS)

What happens next if mediation fails and you must file a partition action in Mississippi? Detailed Answer — How a Mississippi partition action works after failed mediation When mediation cannot produce a settlement between co-owners of land in Mississippi, your next common legal remedy is a partition action. A partition action asks a court to […]

Read article →

How do co-owners initiate a partition action to divide or sell shared real property? (MS)

Detailed Answer — How co-owners start a partition action in Mississippi Short answer: Co-owners (tenants in common or joint tenants) who cannot agree on dividing or selling real property can ask a court to force a division or a sale through a partition action. In Mississippi this is done by filing a civil complaint asking […]

Read article →

How is property divided in an actual partition of real property when some acres are better than others? – MS

Detailed Answer This FAQ explains how Mississippi courts typically divide real property in a partition action when some acres are worth more than others. This is a general, educational summary — not legal advice. For authoritative texts and the statutory framework, see the Mississippi Legislature website: https://www.legislature.ms.gov/. Basic concepts: partition in kind vs. partition by […]

Read article →

How can a co-owner obtain monetary compensation instead of receiving physical property? (MS)

How a co-owner can get money instead of physical property in Mississippi FAQ: If you co-own land or a house in Mississippi and you want cash rather than a piece of the property, here’s how that commonly works and what to expect. Detailed answer: options, process, and what Mississippi law allows When two or more […]

Read article →

Can I Negotiate with My Siblings to Avoid a Partition Action in Mississippi on Inherited Property?

Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Mississippi for advice on your situation. Detailed Answer When you inherit real estate with siblings in Mississippi, each co-owner holds an undivided share. Under Mississippi law, any co-owner may file a partition action to divide or sell the […]

Read article →

How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in Mississippi

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in Mississippi before making legal decisions. Detailed Answer 1. Understand Your Joint Ownership Structure Mississippi allows co-owners to hold property as tenants in common or joint tenants. A tenancy in common lets each owner sell their […]

Read article →