In Mississippi, a surviving spouse has the right to possess the homestead which is also exempt from execution by creditors. If there are no children, the surviving spouse would own the homestead outright. If there are children, the spouse would have a life estate and a child’s share of the property.

If there is a Will and it leaves the homestead to someone other than the surviving spouse, the spouse still has rights in the homestead and does not have to renounce the Will to make the right valid. The surviving spouse has a life estate regardless of the Will.

The homestead cannot be partitioned during the life of the surviving spouse.