Millington, TN asked in Real Estate Law for Tennessee

Q: A Deed of Gift of farm land in Miss. was inherited by my husband and his siblings. No one has their own tract or title.

My husband wants to identify and have title to his 1/5 tract of land. What is the process for doing this?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Mississippi Law controls where the real property is. But I am sure there are Partition Statutes there like Tennessee. If possible you could have a surveyor divide it up, and four owners convey their interest to one until five deeds are executed with five individual owners. But more than likely there will be a Partition Sale with the proceeds divided up five ways after expenses. Only hire a competent attorney who can both litigate as well as draft legal descriptions from a survey plat.

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