Mississippi Code

Miss. Code Ann. § 85-3-23 (2026)

Homestead exemption; land and buildings; insurance proceeds; personal property

✓ current as of July 2026

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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 such person, also the proceeds of any insurance, fire or otherwise, on any such buildings destroyed or damaged by fire, tornado or otherwise, not to exceed in value, save as hereinafter provided, Seventy-five Thousand Dollars ($75,000.00), and personal property to be selected by him or her not to exceed in value Two Hundred Fifty Dollars ($250.00) or the articles specified as exempt to the head of a family; provided, however, that no sum or amount due, or to become due such person, nor any part thereof, for or on account of wages, salaries or commissions, shall in any proceedings be selected or claimed as exempt under this section. 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, 1871, § 2140; 1880, § 1249; 1892, § 1971; 1906, § 2147; Hemingway's 1917, § 1822; 1930, § 1766; 1942, § 318, Laws, 1926, ch. 159; Laws, 1931, ch. 18; Laws, 1970, ch. 323, § 2; Laws, 1979, ch. 447, § 2; Laws, 1991, ch. 479, § 2, eff. 7/1/1991.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1988–2025 · leading case: McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000).

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McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000). · cites it 2× “Miss.Code Ann. § 85-3-23. C. Allotment of homestead ¶ 13.”

Stinson v. Williamson (In re Williamson), 844 F.2d 1166 (5th Cir. 1988). · cites it 2× “It is clear under a companion statute, Miss. Code Ann. § 85-3-23 (Supp.1987), that the householder may hold exempt insurance proceeds covering damage to homestead property in addition to the remnants of the property itself.”

Massachusetts Mut. Life Ins. v. Shoemaker, 849 F. Supp. 30 (S.D. Tex. 1994). “Miss.Code Ann. § 85-3-23 (1972). The terms in these statutes are then defined to specifically include both wages and commissions, and other sources as necessary to avoid any ambiguity.”

Carolyn Dontae Ivery (Bankr. N.D. Miss. 2025). · cites it 4× “6 Miss. Code Ann. § 85-3-23 . 7 “Bankruptcy Code” refers to 11 U.”

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