Chancery Uniform Rules Mississippi Supreme Court

PETITION FOR PARTITION IN KIND

TO THE HONORABLE CHANCELLOR OF THE CHANCERY COURT OF THE COUNTY

OF , IN THE STATE OF MISSISSIPPI:

1. COMES NOW the petitioner(s), , who is an/are adult resident citizen(s) of

the County of , and respectfully show unto the court that your petitioner(s),

together with the respondent(s), , are the owners in fee simple as tenants in common in

equal parts of the following described real property situated in County, Mississippi, to-

wit:

PARCEL :

PARCEL :

AND ALSO a right of way and easement for ingress and egress and all utility lines with

the right to use the same in common with others over, through and across the following

described parcels of land, to wit:

PARCEL :

PARCEL :

A plat of said land is attached hereto as Exhibit "" and made a part hereof as if

copied in full in words and figures, said plat has divided the property into equal parts.

2. As a non-resident of the State of Mississippi and respondent, , as an adult

resident citizen may be served with process at , Mississippi.

3. Petitioner(s) and respondent(s) are the sole owners of an undivided interest

in said real property in equal shares. Said property has passed by operation of law to the heirs at

law of , who passed away on at the time of his/her interstate death was the

sole owner of the aforesaid property.

4. As far as petitioner(s) is/are concerned, there are no liens or encumbrances upon

said property and no other persons other than petitioner(s) and respondent(s) are interested in

said premises as owner or otherwise.

Petitioner(s), , have executed a power of attorney in favor of to transact any

and all business concerning the partitioning in kind of the aforesaid property. Copies of the

powers of attorney are attached hereto as Exhibit "" and made a part hereof as if copied in

words and figures.

Petitioner(s) have tried to partite said property by voluntary agreement among all of the

owners but said negotiations have reached an impasse. Therefore, petitioner(s) who is/are

tenant(s) in common of the aforementioned property request that said property be partitioned in

kind.

6. A special commissioner herein appointed shall appraise said real property at its

full market value and shall offer it in its entirety to the several parties hereto. In the event any of

the parties shall elect to take said property as herein provided, he/she shall pay therefore the full-

appraised value; less the proportionate value of his/her proper share therein which sum shall be

paid at the time of confirmation of the conveyance to him/her by the court.

7. In the event partition in kind cannot be made and in case no party shall elect to

take the real property as herein above provided then the property shall be sold in its entirety by

the special commissioner for the highest and best price obtainable.

8. On behalf of the other co-tenants of the real property described herein, petitioner,

employed an attorney who has performed services and will continue to perform services

for the common benefit of all the parties hereto in the partition in kind of said real property

herein sought. The fees of said attorney for such services and his/her necessary costs and

disbursements are a proper charge against the interest of all the co-tenants in said real property in

accordance with their respective shares therein and should be charged as cost of this action and

adjudged to be a lien against the respective interests of the parties hereto until paid to the

attorney or reimbursed to petitioner, who was acting on behalf of the petitioners in an

attempt to voluntarily partite said property, has necessarily

The $ costs and expenses so paid by should be allowed as a credit to

and should be charged as costs of this action and adjudged to be a lien against the respective

interest of the parties hereto until reimbursed to

WHEREFORE, PREMISES CONSIDERED, petitioners pray:

1. That this matter be set for a final hearing and that process will issue in accordance with

the law and that on a final hearing the court will order and decree a partition in kind of said

premises in accordance with the statutes on this case;

2. If partition in kind cannot be had without material injury to the rights of the parties,

then in the alternative, for a sale of said property with first option to purchase by any or all

co-tenants and if no co-tenants desire to buy then to the public and to divide said proceeds of sale

among the parties according to their several rights.

3. That all necessary and incidental expenses be reimbursed to and that all attorney

fees paid by be reimbursed to him/her.

Petitioners pray for general relief and as in duty bound will ever pray.

Respectfully submitted this the day of , .