Mississippi Code

Miss. Code Ann. § 89-1-29 (2026)

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

✓ current as of July 2026

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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.

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, 2008, ch. 442, § 23, eff. 7/1/2008.

Notes of Decisions

Cited in 26 cases (3 in the last 5 years), 1985–2026 · leading case: Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994).

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Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994). “To some extent, this surely would conflict with Miss. Code Ann. § 89-1-29 (1972), which limits the power of just one spouse to encumber or convey a homestead.”

Terminix Intern., Inc. v. Rice, 904 So. 2d 1051 (Miss. 2004). “§ 89-1-29 (1999), which states: "A conveyance, mortgage, deed of trust or other encumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner be married and living with the spouse...." The Rices contend…”

Alexander v. Daniel, 904 So. 2d 172 (Miss. 2005). “Miss.Code Ann. § 89-1-29 (1999) provides in pertinent part: "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 be married and living with the…”

Joe T. Dehmer Distributors, Inc. v. Murry Owen Temple, Joyce S. Temple, 826 F.2d 1463 (5th Cir. 1987). · cites it 2× “Specifically, she claims that she may keep from Owen’s creditors (1) her interest in the Madison County property plus (2) $30,000 — the exemption she alleges Owen could have claimed had he not abandoned the homestead.”

Matter of Est. of Childress, 588 So. 2d 192 (Miss. 1991). · cites it 2× “Miss. Code Ann. § 89-1-29 (Supp. 1990); Yazoo Lumber Co.”

Burnette Avakian v. Citibank, N.A., 773 F.3d 647 (5th Cir. 2014). “See Miss.Code Ann. § 89-1-29. 2 . At the district court level, Citibank challenged whether the property was actually the Avakians' homestead and whether they were living together when they signed the Citibank deeds of trust.”

Kinwood Capital Grp., L.L.C. v. BankPlus (In Re Northlake Dev., LLC), 614 F.3d 140 (5th Cir. 2010). “The homestead rule is codified by statute, see Miss.Code Ann. § 89-1-29, and its original purpose was highly specific: "these homestead provisions first were listed in the Code of 1880 primarily as a protection for the wife in lieu of dower .”

Countrywide Home Loans, Inc. v. Parker, 975 So. 2d 233 (Miss. 2008). “Miss.Code Ann. § 89-1-29 (Rev.1999). This is a clear, unambiguous statute.”

Trigg v. Trigg, 498 So. 2d 334 (Miss. 1986). “Miss. Code Ann. § 89-1-29 (1972); Scott v.”

Marlow, L.L.C. v. Bellsouth Telecomm., Inc., 686 F.3d 303 (5th Cir. 2012). “See Miss.Code Ann. § 89-1-29. That ruling is not contested.”

Ramsey v. Countrywide Home Loans, Inc. (In Re Ramsey), 424 B.R. 217 (Bankr. N.D. Miss. 2009). “Miss.Code Ann. § 89-1-29 (1980) 7 states that a mortgage or deed of trust on a homestead shall not be valid or binding unless signed by both husband and wife if the owner of the property is married and living with the spouse unless the spouse has been declared insane.”

Whitefoot v. BancorpSouth Bank, 856 So. 2d 639 (Miss. Ct. App. 2003). “Miss.Code Ann. § 89-1-29 (1972) provides that deeds of trust executed by both spouses are enforceable about their homestead.”

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