Page 436

INFORMATION ABOUT REAL PROPERTY Introduction The following discussion is for the most part factual information about the legal ownership and control of real property; homestead rights; and jointly owned property. It is based on state statute and court decisions on exempt property, descent and distribution of property, and deeds and conveyances. When an individual has property and there is some question about the status, the worker will usually be in need of more information in order to help the individual state the facts about it. The Homestead As long as a surviving spouse has homestead rights in property, neither this spouse nor the children have control of the place. The Mississippi Code of 1942, as amended, establishes the homestead rights. Under the state statue, either spouse, whether husband or wife, widow or widower, is entitled to hold exempt from seizure or sale for debt or other reasons the land and buildings owned and occupied as a homestead, provided the land does not exceed 160 acres or $30,000 in value. In arriving at the $30,000 value, the legal encumbrances shall be deducted. The husband or wife is entitled to the use and occupancy of the homestead even if he or she does not have family or does not occupy the homestead if he or she is over 60 years of age. Neither husband nor wife can sell, transfer, place a debt, lease the mineral rights, or sell timber without the other's consent and signature on the deed; thus such property should be disregarded when the other spouse refuses consent. The surviving widow or widower is entitled to occupy the homestead and to receive income from it. Since the surviving spouse is entitled to the use of and rent from the land, the use cannot be taken by others, even the heirs, without liability for the rent. The surviving spouse who occupies the homestead is liable for the payment of the taxes and upkeep to the extent of the income from it; also the interest on the mortgage, if one exists, but not the payment on the principal. The other heirs cannot sell, encumber with debt, divide, or otherwise dispose of the homestead without the consent and signature of the widow or widower. Determining a Widow's Equity To determine a widow's equity in the estate, the date of the husband's death should be secured and the chancery court docket, which is in chronological order, should be checked. The records on the docket made around the date of death of the husband will show divisions of estate and personal

Volume III | Chapter 5 property. The Will Records of the county will also give information in regard to the disposition of property. 5700 MISSISSIPPI [ RESOURCES: REAL PROPERTY ] Revised 05 - 01 - 06