{"id":374375,"date":"2016-03-31T21:35:44","date_gmt":"2016-04-01T02:35:44","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/mississippi-law\/mississippi-homestead-laws.html"},"modified":"2026-07-29T15:56:07","modified_gmt":"2026-07-29T20:56:07","slug":"mississippi-homestead-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-homestead-laws.html","title":{"rendered":"Mississippi Homestead Laws"},"content":{"rendered":"\n
\n

Mississippi Homestead Laws<\/h1>\n\n
\n
\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Mississippi<\/span> homestead exemption<\/span> laws<\/span> are legal provisions that protect a homeowner<\/span>‘s primary residence<\/span> from forced sale by creditors and reduce annual property taxes<\/span>. Eligible residents can shield up to $75,000 in equity and 160 acres of land from bankruptcy claims or civil judgments.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

\n

Filing for bankruptcy in Mississippi<\/span> does not automatically put your home at risk. State law lets you protect part of your home’s equity from most creditors, such as credit card companies and civil judgment holders, by claiming a homestead exemption<\/span>. A separate law also lets qualifying homeowners<\/span> reduce their annual property tax<\/span> bill.<\/p>\n

Understanding both protections can make a real difference if you\u2019re dealing with debt or trying to reduce your housing costs. If you have questions about how these laws apply to your situation, contact a\u00a0Mississippi<\/span> bankruptcy attorney<\/a> near you. They can help you determine which exemptions you qualify for and how to claim them.<\/p>\n

Overview of the Mississippi<\/span> Homestead Law<\/h2>\n

Mississippi<\/span> law provides two separate homestead exemptions<\/span> for a property owner<\/span>, each serving a different purpose. The first is a\u00a0creditor-protection exemption<\/a>. This law protects a qualifying homeowner<\/span>‘s equity from forced sale to satisfy debts, including judgments and bankruptcy claims. When it was amended in 1979, the legislature deleted the phrase “having a family” from the statute, expanding eligibility<\/span> to include unmarried landowners.<\/p>\n

The second is a\u00a0property <\/span>tax<\/span> exemption<\/span><\/a>, also known as the Homestead Exemption<\/span> Law<\/span> of 1946. This law reduces ad valorem taxes<\/span>, which are taxes based on the\u00a0value of the property<\/span> owed on a qualifying primary residence<\/span>. Unlike the creditor-protection exemption, the tax exemption<\/span> requires you to submit an application to your county\u00a0<\/span>tax assessor<\/span>‘s office<\/span>.<\/p>\n

Both exemptions apply only to your primary residence<\/span>. You can\u2019t claim either one for a vacation home, rental property, or any property you don\u2019t live in.<\/p>\n

Homestead Exemption<\/span> Limits in Mississippi<\/span><\/h2>\n

Mississippi<\/span> Code<\/span> sets both dollar and acreage limits on the amount of home equity you can protect from creditors. Here are the main limits.<\/p>\n

Real Property<\/span> (Land and Buildings)<\/strong><\/h3>\n

You can protect up to $75,000 in equity on your homestead property<\/span><\/a> and the land it sits on. The maximum acreage is 160 acres, regardless of where your property is located. In urban areas, the $75,000 equity cap is often the more practical constraint. For instance, an acre in a Jackson neighborhood is significantly more valuable than an acre in a rural Mississippi<\/span> county.<\/p>\n

What Does \u201cEquity\u201d Mean?<\/strong><\/h3>\n

The exemption protects your equity, not your home’s full market value. Any\u00a0existing encumbrances<\/a>\u00a0on the property, such as a mortgage, property taxes<\/span>, and other liens, are deducted from the home\u2019s actual value first. If your home is valued at $200,000 and you owe $140,000 on your mortgage, your equity, which is the difference between the value of the property<\/span> and the mortgage amount, would be $60,000. This equity falls within the protected limit.<\/p>\n

Mobile and Manufactured Homes<\/strong><\/h3>\n

If your primary residence<\/span> is a mobile or manufactured home, you can\u00a0protect up to $30,000 in equity<\/a>. You cannot claim both the mobile home<\/span> exemption and the real property<\/span> homestead exemption<\/span> for the same home.<\/p>\n

Insurance and Sale Proceeds<\/strong><\/h3>\n

The exemption also covers\u00a0insurance proceeds,<\/a>\u00a0such as payouts from fire or storm damage, up to the $75,000 cap.\u00a0Sale proceeds<\/a>\u00a0from a homestead are protected, regardless of whether you intend to buy another home. The law requires that you\u2019re still living in the home at the time of the sale and that you haven\u2019t purchased a new homestead.<\/p>\n

Older Adults<\/strong><\/h3>\n

Residents\u00a070 years of age<\/span> or older<\/a> may claim an additional exemption<\/span> of up to $50,000 on any type of real or personal property. This is separate from the standard homestead exemption<\/span>.<\/p>\n

Married Couples<\/strong><\/h3>\n

Spouses may double the exemption only if they live in separate residences, though rules differ for other joint owners<\/span>. A spouse over 60 who previously claimed the homestead exemption<\/span> retains that protection even after moving out.<\/p>\n

Property <\/span>Tax<\/span> Exemption<\/span> Amounts<\/strong><\/h3>\n

Qualifying Property Types<\/h2>\n

To claim the\u00a0creditor-protection exemption<\/a>, the property must be land and buildings that you own and occupy as your primary residence<\/span>. Mississippi<\/span> courts have interpreted this to require an actual ownership interest in real property<\/span>. A leasehold interest may be eligible in certain situations, but a mobile home<\/span> situated on land you don\u2019t own does not qualify.<\/p>\n

The\u00a0property <\/span>tax<\/span> exemption<\/span><\/a>\u00a0defines the following types of property that can qualify:<\/p>\n

Mississippi<\/span> offers a\u00a0standard property <\/span>tax<\/span> exemption<\/span> for homeowners<\/span><\/a>. If you are under 65 and not totally disabled, you may qualify for a credit of up to $300 on the first $7,500 of your home’s assessed value<\/span>. Homeowners<\/span> who are 65 or older, totally disabled, or a qualifying surviving spouse<\/span> can receive an exemption that covers all ad valorem taxes<\/span> on up to $7,500 of assessed value<\/span>.<\/p>\n