Partition of Heir Property

There are separate laws providing for partition of heir property instead of regular partition laws.

Partition of heir property applies if the definition of heir property as defined by these provisons is true.

“Heir property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:

(A) There is no agreement in a record binding all the cotenants which governs the partition of the property;
(B) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(C) Any of the following applies:
(i) Twenty percent (20%) or more of the interests are held by cotenants who are relatives;
(ii) Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) Twenty percent (20%) or more of the cotenants are relatives.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.