Partition Actions in Mississippi | MS Legal Resources | FastCounsel

Filing a Partition Action in Mississippi to Force Sale of an Inherited Interest

Detailed Answer This explains, in plain language, how someone with an inherited ownership interest in family land can ask a Mississippi court to force a sale (a partition action). This is educational information only and is not legal advice. What a partition action does A partition action is a court case that divides co‑owned real […]

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Mississippi — Appointing a Commissioner for a Private Sale in a Partition Action

Can a court appoint a commissioner to handle a private sale in a Mississippi partition action? Short answer Yes. In Mississippi chancery courts, a party can ask the court to appoint a commissioner (sometimes called a special commissioner or master) to carry out a partition sale. The court has discretion whether to order partition in […]

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Negotiating a Co-Owner Buyout vs. Partition in Mississippi

Can co-owners negotiate a buyout instead of filing for partition in Mississippi? Short answer: Yes. In Mississippi, co-owners may negotiate a voluntary buyout of one co-owner’s interest to avoid a court-ordered partition, but you should document the agreement carefully and consider valuation, tax, and enforcement issues before signing. Detailed answer — How buyouts and partition […]

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Mississippi: Forcing a Sale of Inherited Land You Co-Own

Detailed Answer — How to force a sale of inherited land you co‑own in Mississippi Short answer: If you and other heirs cannot agree to divide or sell inherited land, you can file a partition action in Mississippi chancery court to force either a division (partition in kind) or a sale of the property. If […]

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Mississippi: How to Arrange a Property Survey for Land You Co-Own with a Sibling

Disclaimer: This is general information only and not legal advice. For advice about your specific situation, consult a licensed Mississippi attorney. Detailed Answer When you co-own land with a sibling in Mississippi and need a property survey, the practical steps are simple but the legal context can matter. Below is a clear, step-by-step explanation of […]

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Mississippi: Who Pays for a Property Survey When Co‑owners Disagree?

Disclaimer: This is general information and not legal advice. If you need advice about a specific situation, consult a licensed Mississippi attorney. Short answer — who pays for a survey when co‑owners disagree? When co‑owners of Mississippi real property disagree about a boundary or need a survey, there is no automatic rule that one co‑owner […]

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Mississippi: Can multiple heirs keep the house instead of selling it?

How heirs in Mississippi can keep a family home instead of forcing a sale Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For decisions about your rights or court filings, consult a licensed Mississippi attorney. Short answer Yes. Multiple heirs who inherit a house in Mississippi often […]

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Mississippi: How Partition Works When a Co-Owner Is Incompetent and Has a Court-Appointed Guardian — FAQ

Short Answer If one co-owner of real property in Mississippi has been adjudicated incompetent and a court-appointed guardian manages that person’s estate, the usual partition process proceeds in chancery court but with special procedural protections for the incompetent owner. The guardian stands in the ward’s place for many parts of the case, but the guardian […]

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How to Start a Partition Action in Mississippi

How to Start a Partition Action in Mississippi Short answer: If co‑owners of Mississippi real estate cannot agree on dividing or selling the property, any co‑owner may ask a court to force a division or a sale through a partition action. In Mississippi, partition is an equitable remedy handled in chancery court. The case typically […]

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How to Buy Out Your Siblings’ Interests in a Co-Owned Home — Mississippi

Overview If you and your siblings jointly own a home in Mississippi and you want to keep the house, you will need to buy out their ownership interests or otherwise obtain full title. This FAQ explains the practical steps, legal issues, and choices you will face under Mississippi law so you can plan the buyout […]

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