Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When heirs inherit real property in Mississippi as tenants in common, each co-owner holds an undivided interest. This status gives every owner an equal right to occupy and use the entire property. No co-owner may exclude another from possession.
If co-owners disagree—one seeking residence and another preferring a sale—Mississippi law allows any tenant in common to seek a partition action. Under Miss. Code Ann. § 11-21-3, the chancery court may order:
- Partition in kind: Physical division of land when practical.
- Partition by sale: Sale of the entire property when division would harm value, with net proceeds divided among co-owners based on ownership shares.
The resident heir cannot unilaterally block a court-ordered partition. However, parties often negotiate a buyout. The heir wishing to live in the home can offer to purchase the other’s share at fair market value or compensate others for exclusive occupancy—commonly through rental reimbursement or credit for taxes, insurance and maintenance costs.
All co-owners must contribute to property expenses—property taxes, mortgage payments, insurance and upkeep—in proportion to their ownership interest. If one heir pays more than their share, they may seek equitable relief or reimbursement in a partition action.
To initiate partition, file a petition in the chancery court of the county where the property is located. The court will appoint commissioners or a master to assess value, attempt division, and, if needed, order a sale. After sale, the court distributes proceeds according to each heir’s fractional interest.
Helpful Hints
- Maintain records of all expenses you pay—taxes, insurance, utilities and repairs.
- Obtain an independent appraisal to determine fair market value before negotiations.
- Consider mediation to reach a mutual agreement before starting court proceedings.
- Understand each co-owner’s percentage interest by reviewing the estate’s deed or will.
- Consult budget-friendly legal services or a probate attorney for cost estimates and process guidance.