Brief answer (quick checklist)

• Recorded deed(s) and proof of how you and the co-owners hold title
• Property legal description and recent survey or plat
• Mortgage, lien, and judgment records affecting the property
• Property tax bills, insurance, and utility records
• Leases, rent rolls, and records of income/expenses
• Communications with co-owners (emails, letters, text messages)
• Any probate, wills, death certificates, or trust documents if ownership changed by death
• Photos, improvement receipts, invoices, or records showing contributions to the property
• Contact information for all co-owners and any tenants or lienholders

Detailed answer — what to collect and why it matters

1. Proof of ownership and chain of title

Bring a copy of the recorded deed(s) that show how you and the other owners hold title (e.g., tenants in common, joint tenants). If you don’t have the deed, note the grantor/grantee names and the county where the property is recorded. Your lawyer will need to confirm legal ownership and each party’s interest in the property. If ownership changed because of a death, bring the death certificate and any probate or trust paperwork that transferred title.

2. Full legal description and survey or plat

Provide the property’s full legal description (often on the deed) and any recent survey or plat map you have. A survey helps determine whether a partition in kind (physically dividing the land) is possible and reduces boundary disputes. If you lack a current survey, your attorney may advise ordering one.

3. Mortgages, liens, and encumbrances

Gather copies of recorded mortgages, mechanic’s liens, tax liens, and any judgments affecting the property. Partition cases cannot ignore valid liens; your attorney must identify lienholders so they can be named in the complaint and so the court can address how liens affect sale or division.

4. Tax records, insurance, and utility bills

Bring recent property tax bills, homeowner’s insurance declarations, and utility bills. These documents show who has been paying taxes and insurance and can help your lawyer calculate equitable credits or claims for contribution among owners.

5. Leases, rent rolls, and income/expense records

If the property is rented or produces income, provide copies of leases, a current rent roll, security deposit records, and expense receipts (repairs, maintenance). The court will want to account for rental income and expenses when dividing proceeds or allotting responsibilities.

6. Evidence of improvements or payments made by co-owners

Receipts, canceled checks, contractor invoices, and before/after photos showing repairs or improvements help the lawyer and court determine claims for contribution or reimbursement and to value the property accurately.

7. Communications among co-owners

Bring emails, text messages, letters, or written agreements about the property—especially any agreement concerning sale, management, or buyouts. These communications can show attempts at resolution and may affect whether the court orders partition in kind or a sale.

8. Identity and contact information for co-owners, tenants, and lienholders

Provide full names, last known addresses, phone numbers, and emails for all persons and entities with an ownership, tenancy, or lien interest. The lawyer must serve these parties under Mississippi procedure.

9. Court or administrative records (if any)

If any related court cases, tax appeals, code enforcement actions, or prior partition attempts exist, bring copies of pleadings and orders. Prior litigation can affect strategy and timing.

10. Personal ID and power-of-attorney documents

Bring government-issued ID and, if someone will sign for you, a valid power of attorney. If an owner is a minor, incapacitated, or deceased, bring the relevant guardianship or probate documents.

11. Notes about goals and timeline

Tell your lawyer what you want (sell and split proceeds, divide the land, buy out another owner) and any timing constraints. Clear goals let the lawyer craft the correct relief in the complaint.

Mississippi law basics and where partition actions are filed

In Mississippi, partition actions are equitable matters typically filed in chancery court. Statutes and rules that govern partition set out who must be joined, notice and service requirements, and procedures for appointing commissioners to divide land or sell and distribute proceeds. For the statutory framework, see Mississippi Code on partition and chancery court procedures (see Mississippi Code Title 11 regarding courts and equitable relief). Your attorney will reference the relevant sections when drafting the complaint and motion for any preliminary relief.

(For official text and specific statutory language consult the Mississippi Code at the Mississippi Legislature website: https://www.legislature.ms.gov/Pages/default.aspx.)

How these items are used in the complaint

• Deeds and title records identify defendants and describe the property.
• Liens/mortgages determine distribution of sale proceeds or whether a lienholder must be joined or paid from sale proceeds.
• Surveys and plats support requests for partition in kind or assist commissioners in a physical division.
• Lease and income records support accounting claims and distribution of rents during litigation.

Practical examples (hypotheticals)

Example 1: Three siblings own farmland as tenants in common. One sibling moved away and wants to force sale. You would bring the recorded deed, a recent survey, tax bills, and records showing which sibling paid taxes and improvements. Your lawyer will identify all owners and lienholders, file a partition complaint in chancery court, and request appointment of commissioners or a sale.

Example 2: Two owners of a commercial building disagree about management. One owner withheld rent to pay repairs. Bring leases, repair invoices, canceled checks, and communications. Your attorney will account for income and expenses and ask the court to order sale or division, and possibly compensation for out-of-pocket payments.

Helpful hints — how to prepare before your first meeting

1. Organize documents by category: title, liens, leases, taxes, expenses, communications.
2. Get certified copies of deeds from the county recorder if you cannot find originals.
3. Pull a property title report or current deed online from the county recorder’s office to confirm owners and legal description.
4. Make a timeline of key events (purchases, deaths, repairs, rental starts/stops, major payments).
5. Draft a short summary of what you want the court to do (sell, divide, buyout) and why.
6. List potential witnesses (neighbors, contractors, tenants) and what they would testify about.
7. Ask about estimated costs: filing fees, service costs, survey cost, commissioner fees, and likely attorney fees.

What your attorney will likely do next

• Review title and lien searches and confirm parties to name as defendants.
• Draft the complaint asking the chancery court for partition, appointment of commissioners, or sale and appointment of a receiver if needed.
• Arrange service of process on all interested parties and lienholders.
• Request temporary relief if necessary (e.g., to stop a sale, collect rents, prevent waste).
• Coordinate a survey or valuation and prepare accounting exhibits for the court.