Quick summary

If you and one or more people inherit real property in Mississippi and one heir is living in the property and refuses to leave or to agree to a sale, you have several legal options. The most common remedy is a partition action (asking a court to divide or sell the property and distribute the proceeds). You can also try negotiation, mediation, or — in limited situations — seek a court order addressing possession, accounting for occupancy, or sale. This article explains how those options typically work in Mississippi, what the court can order, and practical steps to prepare.

Disclaimer

This article is for educational purposes only and is not legal advice. It explains general rules under Mississippi law, but every case turns on its facts. Consult a licensed Mississippi attorney before taking legal action.

Detailed answer — legal options and how they work in Mississippi

1. Who has rights to the inherited property?

When property is inherited, ownership will typically be shown by the deed or by the probate/letters testamentary from the estate. If the property ended up in the names of multiple heirs as tenants in common (each owns a share), each co‑owner generally has an equal right to possession. One co‑owner does not have the unilateral right to exclude the others simply by moving in.

2. Primary legal remedy: partition

Under Mississippi law a co‑owner can ask a court to partition real property so that each owner can obtain the value of their share. A partition action can result in:

• Partition in kind — physical division of the land so each owner gets a portion (possible when the property can be divided fairly without harm or diminution of value).
• Partition by sale — a court‑ordered sale of the entire property (typically at public auction) with the net proceeds divided among the owners according to their ownership shares when division in kind is impractical or would unfairly reduce value.

Court procedures, filing requirements, and local practice differ by county, but partition actions are commonly filed in chancery court in Mississippi. See Mississippi statutory law on partition (Title 11). For general information, start with the Mississippi Legislature website and chancery court resources: Mississippi Legislature and Mississippi Courts.

3. What can the court do about occupancy?

If one heir is occupying the property, the court in a partition case can address possession as part of equitable relief. Possible orders include:

• Order a sale of the property (so the owner in possession cannot indefinitely block a sale).
• Require an accounting for rents and profits — the occupying heir may be ordered to pay the other co‑owners for the value of exclusive use if appropriate.
• In limited circumstances, the court may order that one co‑owner be granted exclusive possession for a period or that occupants be removed after sale proceeds are distributed — but courts are reluctant to order self‑help eviction; removal normally happens through court process after judgment.

4. Other remedies and considerations

• Negotiated buyout — you may be able to offer to buy the occupant’s share or arrange financing so the occupant can buy out the others.
• Mediation or settlement — courts often encourage settlement to avoid cost and delay of litigation.
• Lease and rent — if co‑owners agree, the property can be leased and net income divided. If the occupant refuses to pay, you can seek an accounting in court.
• Trespass/ejectment — ejectment actions are typically aimed at true trespassers. Where someone is a co‑owner, ejectment is not usually the right vehicle; partition or an accounting is more appropriate.
• Adverse possession or laches — long, uninterrupted possession can sometimes create adverse possession claims, but those claims require satisfying specific statutory and factual elements and are difficult when multiple owners assert title. If you are concerned a co‑owner’s long possession may be used against you, consult an attorney promptly.

5. What happens after a partition judgment?

If the court orders sale, a public sale or judicial sale will occur; sale costs, mortgages, lien payments, and court costs are paid from sale proceeds, and remaining funds are divided according to ownership shares. If the property is divided in kind, deeds are prepared for the divided parcels. The occupant’s right to remain depends on the court’s orders and how the sale or division is carried out.

6. Timing, costs, and practical outcome

Partition lawsuits can take several months to a year or more depending on complexity, title issues, and whether the parties settle. Litigation costs (court fees, title work, appraisals, possible commissioners for sale, and attorney fees) reduce the net proceeds. Courts often expect parties to try settlement or mediation before prolonged litigation.

How to prepare if an heir refuses to move or sell

1. Collect documents: death certificate, will or probate papers, deed, mortgage statements, tax bills, insurance records, and any written communications about possession or offers.
2. Get a recent appraisal or market analysis to know the property’s value and to structure a fair buyout offer.
3. Document occupancy: who lives there, when they moved in, whether they pay utilities or rent, and any damages or repairs done by occupants.
4. Communicate in writing: make clear written offers or requests to buy the occupant out, to share expenses, or to mediate. Keep copies of all correspondence.
5. Consult a Mississippi real property or probate attorney early. They can explain filing for partition, potential interim relief, and how local courts handle occupancy and sale procedures.

Helpful hints

• Do not attempt a self‑help eviction. Changing locks, removing belongings, or physically forcing someone out can lead to criminal and civil liability.
• Try mediation before filing suit. Courts prefer settlement, and mediation often preserves relationships and reduces cost.
• Be realistic about costs. A forced sale can reduce net proceeds because of legal fees and sale expenses; a negotiated buyout can be faster and cheaper.
• Check for mortgages, tax liens, or other encumbrances. Those must be paid from sale proceeds and affect what each heir receives.
• Keep records of payments you make for the property (taxes, insurance, repairs). You may be able to seek contribution or credit in a court accounting.
• Time matters. If the occupant has been in exclusive possession for many years, raise concerns with an attorney about any possible adverse possession claims.