Partition of land held by joint tenants, tenants in common, or coparceners, having an estate in possession or a right of possession and not in reversion or remainder, whether the joint interest be in the freehold or in a term of years not less than five (5), may be made by judgment of the chancery court of that county in which the lands or some part thereof, are situated; or, if the lands be held by devise or descent, the division may be ordered by the chancery court of the county in which the will was probated or letters of administration granted, although none of the lands be in that county.
However, any person owning an indefeasible fee simple title to an undivided interest in land may procure a partition of said land and have the interest of such person set apart in fee simple free from the claims of life or other tenants, remaindermen or reversioners, provided the life or other tenants, and other known living persons having an interest in the lands, are made defendants if they do not join in the proceeding as plaintiffs.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 21 - Partition of Property
§ 11-21-3. Partition by decree of chancery court
§ 11-21-5. Parties to proceedings for partition
§ 11-21-7. Proceedings same as in other cases; when ex parte petitions may be heard
§ 11-21-9. Controverted title and all equities disposed of
§ 11-21-11. Court may order sale in first instance
§ 11-21-13. Partition without masters; owelty
§ 11-21-15. Judgment appointing masters
§ 11-21-17. Oath of special commissioners
§ 11-21-19. Survey made and division into shares
§ 11-21-21. Allotment of shares by ballot
§ 11-21-23. Assignment of shares and owelty
§ 11-21-25. Report of special commissioners
§ 11-21-27. Land sold when not capable of division
§ 11-21-29. Compensation of masters
§ 11-21-35. Final judgment and judgment confirming partition
§ 11-21-37. Recording of judgments
§ 11-21-39. Lien created by party binding on his share
§ 11-21-41. Paramount rights not affected