Tucker v. Tucker

Defendant, Donna Tucker, herein designated wife, appeals from a decree of partition of a joint tenancy and from denial of her motion to set off homestead in the real estate. She also appeals from an order denying her motion as next friend of minor children to dismiss the partition proceedings alleging that it was against public policy for the husband and wife to partition or dispose of real estate unless they had provided minor children with another homestead.

The trial court denied the wife’s motion to set off homestead, ruling that the equities between the parties had been considered in a…