35 Miss. Code R. § 6-03-04-103.01

Current through June 25, 2024
Section 35-6-03-04-103.01 - Occupying

The first type is the single person who occupies the dwelling himself as a home. A minor may also file for homestead if he owns and occupies a home when residing with his parents or legal guardian.

1. Alone

A single person is considered a head of a family if he permanently maintains a home that he occupies alone.

2. Group

A single person is one of a group of two or more single people who:

a. are related in the third degree
b. hold collective eligible titles
c. occupy and maintain the home for themselves, is considered head of family. Examples of third degree relations are parent and child, brother and sister, uncle and nephew, grandparent and grandchild.
3. If two or more single individuals, who are related in the third degree, jointly own and occupy the property and wish to file for homestead exemption, one application should be filed indicating one individual as the head of family. The other(s) should be shown as occupying joint owner(s). If one individual is eligible for an additional exemption and the other(s) are not, the amount of exemption is determined by each person's share and their qualifications.
4. If two single individuals, who are not related, jointly own and occupy a home and wish to file for homestead exemption, only one may file as head of family for that homestead property. The other should be listed as an occupying joint owner. The applicant receives one-half (1/2) exemption of the assessed value of the property.
5. EXAMPLES:
a. Two sisters live in a home jointly owned by them. One sister is 70 years old and the other is 60 years old. One of the sisters files as head of a family on one application. The amount of the exemption on property with $6,000 assessed value and a tax liability of $500 would be $250 for the half due the sister over 65 and $120 (Section 27-33-75) for the half due the sister under 65 for a total exemption of $370.
b. Two friends who are both under 65 years old live in a home jointly owned by them. Only one may file a homestead application on their property that has an assessed value of $8,000 and a tax liability of $500. That applicant is entitled to full exemption on one-half (1/2) of the total assessed value of the property, in this case, an exemption on $4,000 of assessed value property equal to $162 against the tax liability of $500.
c. Two friends, one of whom is over 65 years old and one who is not, live in a home jointly owned by them. Only one may file a homestead application on their property that has an assessed value of $15,000. Whichever owner files, he is entitled to a full exemption on one-half (1/2) of the total assessed value of their property, in this case $7,500. If the joint owner over 65 files, the application qualifies for an additional exemption. If the joint owner under 65 files, the application carries a regular exemption.

35 Miss. Code. R. § 6-03-04-103.01