Mississippi Code

Miss. Code Ann. § 85-3-43 (2026)

Homestead liable to debts when debtor ceases to reside thereon

✓ current as of July 2026

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Whenever the debtor shall cease to reside on his homestead, it shall be liable to his debts, unless his removal be temporary, by reason of some casualty or necessity, and with the purpose of speedily reoccupying it as soon as the cause of his absence can be removed.

Codes, 1871, § 2144; 1880, § 1256; 1892, § 1981; 1906, § 2157; Hemingway's 1917, § 1832; 1930, § 1776; 1942, § 328.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1986–2021 · 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 5× “*359 Miss.Code Ann. § 85-3-43 (Rev.1999). The need to continue residing on the property does not apply once a homestead owner reaches the age of 60.”

Joe T. Dehmer Distributors, Inc. v. Murry Owen Temple, Joyce S. Temple, 826 F.2d 1463 (5th Cir. 1987). “Moreover, Miss.Code Ann. § 85-3-43 (1973) provides: Whenever the debtor shall cease to reside on his homestead, it shall be liable to his debts, unless his removal be temporary, by reason of some casualty or necessity, and with the purpose of speedily reoccupying it as soon as…”

Roberts v. Grisham, 493 So. 2d 940 (Miss. 1986). · cites it 3× “This Court cited the 1906 Code section, which is basically identical to MCA § 85-3-43 wherein it is stated: Whenever the debtor shall cease to reside on his homestead, it shall be liable to his debts, unless his removal be temporary, by reason of some casualty or necessity, and…”

Kevin O'Conner Freeman (Bankr. N.D. Miss. 2021). · cites it 7× “”20 The Fifth Circuit looked further at Miss. Code Ann. § 85-3-43 , which provides “Whenever the debtor shall cease to reside on his homestead, it shall be liable to his debts, unless his removal be temporary, by reason of some casualty or necessity, and with the purpose of…”

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