What to do if the other side only asks the court to sell the house (Mississippi)

Short answer: In Mississippi you have several options if the other party asks the court only for a sale of the house without specifying buyout terms. You can ask the court to set buyout terms or a purchase price, ask for a partition-in-kind or an appraisal, file a counter-motion, seek temporary orders to protect your rights, negotiate a settlement, or request the court appoint a commissioner/receiver to manage sale and distribution. Which option is best depends on whether the case is a divorce, a partition action between co-owners, or another proceeding.

Detailed answer — how this works under Mississippi law

There are two common legal settings when a home is at issue: (1) a domestic case (divorce/property division) and (2) a civil partition action between co-owners. Mississippi law treats those settings differently but both give you procedural tools to protect your financial interest.

1. Identify the type of case

If the request to sell the house appears in a divorce, the court is distributing marital property as part of the divorce decree. If it appears in a partition action, the plaintiff is asking the court to divide jointly owned real property among owners, often by sale. The available remedies and rules differ depending on which proceeding you are in.

2. If this is a divorce (marital property distribution)

In divorce cases Mississippi courts perform an equitable distribution of marital assets. A party can ask the court to order sale of the marital residence. If the moving papers ask only for a sale without buyout terms, you may:

Ask the court to set a buyout price or to give one spouse the right to buy out the other based on an appraisal.
Ask for a formal appraisal (or for the court to order one) so a buyout price can be set on a fair market basis.
File a countermotion asking the court to award the house to you (with an offset or buyout), or to order partition by sale with clear sale procedure and distribution rules.
Request temporary or pendente lite orders to stop an immediate sale or to control who pays the mortgage/insurance/repairs while the case is pending.
Negotiate a settlement that sets a buyout price, a refinance plan, or a timetable for sale that protects your credit and equity.

3. If this is a partition action (co-owner dispute)

Mississippi law allows co-owners to bring a partition action to divide real property. Courts can order partition in kind (rarely feasible for a single-family home) or partition by sale. If the complaint asks only for a sale and says nothing about buyout terms, you can:

File an answer and assert that you want the opportunity to purchase the other owner’s share — asking the court for a price-setting mechanism (for example, court-ordered appraisal and a right of first refusal on equitable terms).
Ask the court to appoint a commissioner or receiver to manage an orderly sale and distribute net proceeds fairly after costs, mortgage, and liens are satisfied.
Move for an accounting so the court knows each party’s contributions and debts related to the property before distributing sale proceeds.
Request a stay of sale if the proposed sale process prejudices your ability to obtain credit, refinance, or exercise a buyout.

4. Ask the court for an appraisal and clear buyout procedure

One practical step in either setting is to ask the court to order a neutral appraisal and adopt buyout rules tied to that appraisal. Common procedures the court can adopt include:

Order one or more appraisals and direct the court to use the average market value to set a buyout price.
Give one party a fixed time (e.g., 30–60 days) to exercise a right to buy out the other at that price (or a formula based on it).
If neither party buys, direct a public sale with defined advertising, bidding, and distribution rules and set how costs and liens must be paid first.

5. Procedural remedies and motions to protect your position

If the other side moves for a sale without clarity, file motions that preserve your rights while the judge decides:

Motion for clarification or motion for a more definite statement asking the plaintiff to explain whether they seek a buyout or immediate sale and how they want proceeds divided.
Motion for appraisal and valuation evidence.
Motion for temporary orders addressing mortgage payments, insurance, property maintenance, and who lives in the house until final resolution.
Counterclaim or affirmative request for partition in kind (if feasible) or an independent buyout request.

6. Practical and financial options outside the courthouse

Often parties can reach a better outcome by negotiating. Practical options include:

Refinance the mortgage in one party’s name to fund a buyout.
Agree to a staged settlement where one spouse keeps the home for a time and pays rent or an agreed share to the other.
Sell amicably and split proceeds after agreed deductions (repairs, closing costs, mortgage payoff).

7. Tax, lien, and mortgage considerations

Before any sale or buyout, confirm who will pay outstanding mortgage payments, property taxes, and liens. The court generally requires mortgage and lien payoffs before distributing proceeds. Consider tax effects of sale or transfer; consult a tax professional.

8. If the other party pushes an immediate sale — emergency steps

Ask the court for a temporary restraining order or temporary injunction if the proposed sale would cause irreparable harm (for example, a rushed sale at a steep discount or removal of your personal property).
Seek emergency temporary orders for exclusive possession or an order that proceeds be placed in escrow pending final distribution.

9. Where to find Mississippi statutes and more information

Mississippi’s statutes and court rules govern partition and family law procedures. For the statutory text and to research specific provision numbers, see the official Mississippi Code and the state court site:

Mississippi Code, official site: https://www.mscode.ms.gov/
Mississippi Courts (resources and forms): https://courts.ms.gov/

Note: If you actually need the exact statutory language for partition or property division, search those sites for the relevant Title/Chapters (partition actions are generally in the statutes governing real property and civil procedure; family property distribution is found under marriage/divorce chapters).

Helpful Hints

Don’t ignore pleadings that ask for sale — file a timely answer or response to preserve your rights.
Get a professional appraisal early if you plan to seek a buyout or show the court fair market value.
Keep records of mortgage payments, repairs, taxes, and contributions; courts consider contributions when dividing proceeds.
If you want to keep the house, start mortgage qualification/refinance steps now — courts often give the buyer a short window to exercise a buyout right tied to financing.
Consider mediation — judges in Mississippi often encourage settlement before ordering a sale because parties can usually get better terms on their own.
If you face an urgent sale, ask the court to escrow proceeds so you can challenge distribution without losing your interest.
Talk to a Mississippi attorney early — a lawyer can file the right motions and protect your equity and credit while the case proceeds.