Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale, under execution or attachment, the land and buildings owned and occupied as a residence by him, or her, but the quantity of land shall not exceed one hundred sixty (160) acres, nor the value thereof, inclusive of improvements, save as hereinafter provided, the sum of Seventy-five Thousand Dollars ($75,000.00); provided, however, that in determining this value, existing encumbrances on such land and buildings, including taxes and all other liens, shall first be deducted from the actual value of such land and buildings. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.
Codes, Hutchinson's 1848, ch. 62, art. 17(1); 1857, ch. 61, art. 281; 1871, § 2135; 1880, § 1248; 1892, § 1970; 1906, § 2146; Hemingway's 1917, § 1821; 1930, § 1765; 1942, § 317; Laws, 1938, ch. 125; Laws, 1950, ch. 360; Laws, 1970, ch. 323, § 1; Laws, 1979, ch. 447, § 1; Laws, 1991, ch. 479, § 1, eff. 7/1/1991.
Notes of Decisions
Cited in
35
cases (
4 in the last 5 years), 1974–2025 · leading case:
In re Pace, 521 B.R. 124 (Bankr. N.D. Miss. 2014).
In re Pace, 521 B.R. 124 (Bankr. N.D. Miss. 2014).
· cites it 10× “Miss.Code Ann. § 85-3-21 (1979). The current statute provides that a homestead exemption is permitted to “[e]very citizen of this state, male or female, being a householder.”
Stockett v. Stockett, 337 So. 2d 1237 (Miss. 1976).
· cites it 13× “Miss. Code Ann. § 85-3-21 , 85-3-31 (1972); .”
Noone v. Noone, 127 So. 3d 193 (Miss. 2013).
· cites it 12× “Miss. Code Ann. § 85-3-21 (Rev.2011). Creditors can access the value of homestead exempted property that exceeds $75,000.”
In Re Cobbins, 234 B.R. 882 (Bankr. S.D. Miss. 1999).
· cites it 15× “Miss.Code Ann. § 85-3-21. At trial, the Court rephrased the issue as whether the Debtor may claim homestead exemption in a “home” without also being a landowner, and the parties agreed that this restatement more clearly defined the issue at hand.”
Mem'l Hosp. at Gulfport v. Franzke, 634 So. 2d 117 (Miss. 1994).
· cites it 10× “She was a Mississippi resident and a householder who occupied the land and house in question as a residence, Miss Code Ann. § 85-3-21 (1972). In addition, the value of the exemption allowed at the time of Franzke’s death was $30,000.”
Dehmer v. Temple, 44 B.R. 992 (S.D. Miss. 1984).
· cites it 9× “§§ 85-3-21 through 51 (Supp.1983) deal with the exemption of homestead property from execution or attachment by creditors.”
Blackmon v. Blackmon, 350 So. 2d 44 (Miss. 1977).
· cites it 3× “Mississippi Code Annotated, Section 85-3-21 (1972) states: § 85-3-21.”
In Re Redditt, 146 B.R. 693 (Bankr. S.D. Miss. 1992).
· cites it 2× “Miss.Code Ann. § 85-3-21 provides for exemption on the debtor’s homestead and instructs that existing encumbrances on such land and buildings, including taxes and all other liens, shall first be deducted from the actual value.”
Est. of Darby v. Stinson, 68 So. 3d 702 (Miss. Ct. App. 2011).
· cites it 6× “" Miss.Code Ann. § 85-3-21 (Rev.1999). Medicaid responded to the objection arguing that the real property was not exempt property because none of Darby's heirs were living in the home and declaring it as their homestead.”
McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000).
· cites it 4× “[1] Miss.Code Ann. § 85-3-21 (Rev.1999). That dollar limit is a net value, as "existing encumbrances" are to be deducted from "the actual value of such land and buildings.”
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