A conveyance, mortgage, deed of trust or other incumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner is married and living with the spouse or by an attorney in fact for the spouse. But where the spouse of the owner of the homestead exempted from execution has been adjudicated incompetent, then the owner of the homestead may file a petition in the chancery court and allege in the petition the incompetence of the spouse and the adjudication of incompetency of the spouse and the facts of the case. The summons for the spouse who has been adjudicated incompetent shall be issued and be served in the same manner as process is served in other cases on persons who are incompetent. The court shall hear the case in vacation or in termtime as in other cases, and if the court finds the spouse to be incompetent and the owner entitled to relief, the court by decree shall authorize and empower the owner to execute a conveyance, mortgage, deed of trust or other incumbrance upon the homestead without the signature of the spouse. However, no mortgage or deed of trust executed in favor of the Farmers Home Administration at the time of the purchase of real estate to secure the payment of the money used to purchase the real estate shall be invalid because it is not signed by the spouse of the owner. All powers of attorney authorizing any conveyance, mortgage, deed of trust or other incumbrance upon a homestead shall designate an attorney in fact other than the spouse and shall comply with the provisions of Chapter 3 of Title 87.
Structure Mississippi Code
Title 89 - Real and Personal Property
Chapter 1 - Land and Conveyances
§ 89-1-1. Land conveyed to vest immediately or in future
§ 89-1-3. Land to be conveyed only by writing
§ 89-1-5. Words of inheritance not necessary
§ 89-1-7. Estate in two or more persons
§ 89-1-9. The rule in Shelley's Case abolished
§ 89-1-11. Remainder good without particular estate
§ 89-1-13. Limitation on failure of issue
§ 89-1-15. Estates in fee tail prohibited
§ 89-1-17. Alienation good for grantor's interest; remainder not affected
§ 89-1-19. Right of entry not tolled by death of disseizor
§ 89-1-21. How body politic, public or private corporation may convey land
§ 89-1-23. Aliens holding land
§ 89-1-27. Conveyances by masters, commissioners, sheriffs or other officers
§ 89-1-33. Effect of word "warrant" in conveyance
§ 89-1-35. Effect of words "warrant specially."
§ 89-1-37. Effect of a conveyance without warranty
§ 89-1-39. Effect of quitclaim and release
§ 89-1-41. Effect of words "grant, bargain, sell."
§ 89-1-43. Mortgages and trust estates; trust estates subject to execution
§ 89-1-45. Mortgage for purchase money of land
§ 89-1-47. Deed not shown to be mortgage by parol evidence
§ 89-1-51. Trustee may acknowledge satisfaction
§ 89-1-55. How lands sold under mortgages and deeds in trust
§ 89-1-57. Deed of trust or mortgage; how sale made when terms not specified
§ 89-1-59. Accelerated debt may be reinstated by payment of all default before sale
§ 89-1-61. Forms for conveyances
§ 89-1-65. Sheriff's conveyance
§ 89-1-67. Conveyance by administrator, executor, guardian, master, or commissioner