Mississippi Code
Miss. Code Ann. § 93-3-9 (2026)
Validity of conveyance or lease between spouses
✓ current as of July 2026
A transfer or conveyance of goods and chattels, or lands, or any lease of lands, between husband and wife, shall not be valid as against any third person, unless the transfer or conveyance be in writing and acknowledged and filed for record as a mortgage or deed of trust is required to be. Possession of the property shall not be equivalent to filing the writing for record, but, to affect third persons, the writing must be filed for record.
Codes, 1880, § 1178; 1892, § 2294; 1906, § 2522; Hemingway's 1917, § 2056; 1930, § 1944; 1942, § 455; Laws, 1900, ch. 90.
Notes of Decisions
Cited in 3
cases, 1975–1987 · leading case: Morgan v. Sauls, 413 So. 2d 370 (Miss. 1982).
Morgan v. Sauls, 413 So. 2d 370 (Miss. 1982). “We are therefore faced with the narrow question of whether these four deeds, signed, notarized and delivered prior to September 22, 1979, should have been cancelled and set aside as fraudulent conveyances, absent proof of possession.”
Barbee v. Pigott, 507 So. 2d 77 (Miss. 1987). “The chancellor, after weighing the evidence, found Barbee failed to meet her burden of proving an intention to defraud creditors on the part of the Pigotts.”
Hudson v. Allen, 313 So. 2d 401 (Miss. 1975). “On appeal, appellant contends that the chancellor was manifestly wrong in failing to hold that the deed executed on December 14, 1968, was invalid for the reason that under the provisions of Section 93-3-9, Mississippi Code 1972 Annotated, the deed did not become effective as to…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.