Mississippi Law on Division of Land When a Spouse Dies
Deeds classify tenants as either "joint tenants with right of survivorship," or, "tenants in common." Division of the land depends on this classification. "The vestment paragraph of a land deed contains information on how the land will be divided once a spouse dies," according to Barbara Graves, real estate agent and manager at a Mississippi law firm.
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Right of Survivorship
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Deeds can contain a clause saying that spouses are, "joint tenants with the right of survivorship." If this clause is present, after the death of one spouse, the surviving spouse becomes the sole owner of the property.
Tenants in Common
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If the original deed does not contain the right of survivorship clause, the spouses are considered "tenants in common." This means if one spouse dies, the land becomes part of the surviving spouse's estate. The property then belongs to the surviving spouse and all heirs of that spouse equally.
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Considerations
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If the land goes into the surviving spouses' estate, the land is then equally owned by the surviving spouse and their children. This means that sale of the land cannot be conducted without the agreement of all parties. The presence of a will can also affect the division of property.
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References
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