Partition Actions

The partition is started by one of the co-owners filing a complaint asking the court to divide or sell the property. Except for homestead property, the right to partition property in Mississippi is absolute. Consequently, a deed or operating agreement restriction that precludes partition may not be enforceable. Almost any adult who owns an undivided concurrent interest in real property can file a partition lawsuit.

There are two potential outcomes: a partition in kind, in which the property is subdivided between co-owners based on their respective interests, or a partition by sale, in which the property is sold and the proceeds divided. A partition in kind is preferred in Mississippi but is often not practical. Mississippi does not recognize partition by allotment, where the entire property is awarded to one person. If the property cannot be fairly divided, a sale may be ordered with the proceeds divided between the co-owners based on their respective ownership interests.

No. The partition of land held by adult joint tenants, tenants in common, and coparceners (persons sharing by inheritance) may be accomplished by a written agreement setting out the particular part allotted to each and properly recorded. The parties may also, by written agreement, submit the partition to arbitration; the written award is final when recorded. Miss. Code Ann. § 11-21-1.