How to force a sale of jointly owned property in Mississippi when a co‑owner refuses mediation

Short answer: If a co‑owner refuses mediation, you can usually force a sale by filing a partition action in Mississippi chancery court. The court can order the property sold and divide proceeds among owners, or sometimes divide the property in kind. Before filing, gather title documents, proof of ownership interests, a recent valuation, and evidence of attempts to resolve the dispute.

Disclaimer

This article explains how partition (forced sale) generally works in Mississippi and is educational only. It is not legal advice. For advice about your specific situation, talk with a licensed Mississippi attorney.

Detailed answer — how a forced sale (partition) works in Mississippi

When two or more people own real property together (as tenants in common, joint tenants, etc.), any owner who wants their interest liquidated can typically ask a court to partition the property. In Mississippi, partition matters are handled in chancery court. A partition action asks the court either to physically divide the land among owners (partition in kind) or, if dividing would be impractical or inequitable, to order a sale and divide the sale proceeds among owners according to their ownership shares.

Key things to understand:

Who can file: Any recorded owner of the property (or someone who claims an ownership interest) may file a petition for partition.
Where to file: Partition actions are typically filed in the chancery court in the county where the property is located. See general chancery court information at the Mississippi Judiciary: https://courts.ms.gov/chancery/index.php.
Relief available: The court can order partition in kind (split the land) or appoint commissioners/agents to sell the property and distribute proceeds. The court may also settle minor title disputes, apportion costs, and award attorneys’ fees in particular circumstances.
When sale is ordered: If the property cannot be fairly or practically divided (for example, a single-family house on a small lot), courts commonly order a sale. The court supervises sale procedures to protect owners’ rights and ensure fair pricing.

Typical procedural steps

Try negotiation and document attempts: Courts expect parties to attempt resolution before litigation. Send a written demand asking for sale or buyout and offer mediation. Keep copies of all communications.
Hire a lawyer (recommended): An attorney experienced in Mississippi property/chancery practice prepares the petition and handles service, hearings, and sale logistics.
File partition petition: The petition names all co‑owners and asks the chancery court for partition or sale. The court issues process and gives owners notice.
Preliminary steps and hearing: The court may appoint commissioners or referees to examine title, locate owners, and attempt a voluntary division or settlement. The court may set a hearing to resolve disputes over ownership shares, encumbrances, or values.
Valuation and sale (if sale ordered): The court often orders an appraisal and then oversees a public sale (judicial sale). Sale proceeds are distributed after paying liens, sale costs, and court-ordered expenses.
Distribution and release: After sale, the clerk issues proceeds to owners. The court’s order and sale documentation clear the purchaser’s title and finalize the partition.

Evidence and documents you will need

Recorded deed(s) showing how title is held.
Mortgage or lien information affecting the property.
Property tax statements and recent appraisal or market valuation.
Records of payments (taxes, mortgage, improvements) if you seek contribution or credit.
Copies of written demands or mediation requests to the co‑owner (to show you tried to resolve the matter).

Costs, timeline, and likely outcomes

Expect several months to a year or more, depending on complexity, number of owners, and court schedules. Costs include court filing fees, appraisal fees, attorney fees, and sale costs. The sale may produce proceeds divided by ownership interest, but owners who paid more (mortgage, improvements) can sometimes claim contribution or credits in the partition accounting.

What if the co‑owner makes the property uninhabitable or refuses access?

If a co‑owner wrongfully excludes you from the property, or causes waste or damage, you can raise those issues in the partition proceeding and seek damages or an accounting. In urgent circumstances, the court may issue interim relief (injunctions) to prevent irreparable harm.

Alternatives to a court‑ordered sale

Buyout: You can offer to buy the other owner’s interest at an agreed price. If they refuse, a partition action can still force sale.
Voluntary sale: Owners can agree to list and sell the property and split proceeds without court involvement.
Mediation or arbitration: Even if one owner previously refused mediation, you might propose a structured ADR process with deadlines and neutral mediators, sometimes required by local court rules.

Hypothetical example

Sarah and Mark each own 50% of a house in Jackson. Mark refuses to sell and will not participate in mediation. Sarah sends certified letters asking for a sale and offering to mediate. Mark ignores the letters. Sarah files a partition petition in Hancock County chancery court, names Mark as a defendant, requests sale, and asks the court to appoint commissioners. The court orders an appraisal, appoints commissioners, and after finding the property impractical to divide, supervises a sale. After paying Mark’s mortgage lien and sale costs, the court distributes the net proceeds 50/50.

Helpful links for Mississippi owners

Mississippi Judiciary — Chancery Courts: https://courts.ms.gov/chancery/index.php
Mississippi Bar (find a lawyer): https://www.msbar.org
County property records and recorder/registrar of deeds (search by county) — check your county’s official .gov site for deed and lien information.

Helpful Hints

Keep written records: document all efforts to negotiate or mediate. The court will want proof you attempted to resolve the dispute.
Secure and copy title documents: recorded deed, mortgage statements, tax bills, and any leases or agreements. These shorten the court process.
Order a professional appraisal early: an independent market valuation supports your petition and helps the court set sale terms.
Consider a buyout offer with a clear deadline: a concrete monetary offer can prompt settlement and avoid litigation costs.
Be realistic about costs and timing: partition litigation costs and delays can reduce the net proceeds from a sale.
Ask the court for a sale on terms that protect you: reserve minimum bids, require cash closings, or allow owners first chance to bid at a public sale.
Talk to a chancery lawyer: a lawyer familiar with Mississippi partition practice will ensure proper pleadings, service, and protection of your rights.

When to consult a lawyer

Consult an attorney if co‑owners dispute ownership shares, liens exist, someone is concealing assets or refusing access, or there are complicated issues (estate interests, minors, bankruptcy). A lawyer can also advise whether local rules or recent Mississippi decisions affect strategy.