Mississippi Code

Miss. Code Ann. § 85-3-27 (2026)

Homestead declaration; effect

✓ current as of July 2026

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The declaration, for not more than one hundred sixty (160) acres, and not exceeding in value Seventy-five Thousand Dollars ($75,000.00); or, if the homestead be in a city, town or village, not exceeding in value Seventy-five Thousand Dollars ($75,000.00) after being filed for record, shall be notice to all persons to be affected thereby; and shall bind the exemptionist, the spouse of the exemptionist if the exemptionist be married, and the creditors of the exemptionist until the exemptionist shall execute and file a new declaration which shall nullify the preceding one, and otherwise have like effect; and shall moreover entitle the exemptionist thereafter to hold the same as exempt to the extent of such value; but subject to contest and legal designation or allotment, if the exemptionist had declared for too much, or has insufficiently or improperly described the premises; and to contest by creditors on the ground that the exemptionist was not entitled to a homestead, and by the spouse of the exemptionist on the ground that it was intended to defraud or circumvent such spouse.

Codes, 1892, § 1973; 1906, § 2149; Hemingway's 1917, § 1824; 1930, § 1768; 1942, § 320; Laws, 1966, ch. 622, § 1; Laws, 1970, ch. 323, § 3; Laws, 1979, ch. 447, § 3; Laws, 1991, ch. 479, § 3; eff. 7/1/1991.

Notes of Decisions

Cited in 3 cases, 1987–2000 · leading case: Joe T. Dehmer Distributors, Inc. v. Murry Owen Temple, Joyce S. Temple, 826 F.2d 1463 (5th Cir. 1987).

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Joe T. Dehmer Distributors, Inc. v. Murry Owen Temple, Joyce S. Temple, 826 F.2d 1463 (5th Cir. 1987). · cites it 3× “4 The district court also ordered that Joyce may select her homestead under Miss.Code Ann. § 85-3-27 within 45 days, or the Trustee may sell the property and pay Joyce $30,000 or the value of her interest, whichever is greater.”

McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000). · cites it 2× “Miss.Code Ann. § 85-3-27 (Rev.1999). Another statute states that the homestead exemption is lost when the owner "shall cease to reside on his homestead," unless the removal is temporary, is caused by some necessity, and an intent exists speedily to return.”

Henderson v. West Cash & Carry Bldg. Materials of Memphis, Inc. (In Re Henderson), 112 B.R. 231 (Bankr. W.D. Tenn. 1990). “§ 89-1-7 (1972); Miss.Code Ann. § 85-3-27 (Supp.1989). The purpose of the homestead exemption is to protect the entire family from the misfortunes or imprudence of its primary breadwinner.”

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