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Miss. Code Ann. § 89-1-29

Spouse’s role in conveying homestead; incompetent spouse; limited power of attorney in conveyance of homestead

Applied in 19 court decisions — leading case 639 So. 2d 921 - Ferguson v. Ferguson (1994)

Most recently applied in Avakian v. Citibank, N.A. (December 2014)

Codes, 1880, § 1258; 1892, § 1983; 1906, § 2159; Hemingway’s 1917, § 1834; 1930, § 1778; 1942, § 330; Laws, 1924, ch. 169; 1980, ch. 514, § 1; Laws, 2007, ch. 419, § 1; Laws, 20…

How often courts cite this section

1984199020002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.