Noone v. Noone

COLEMAN, Justice,

for the Court:

¶ 1. At issue in the instant case is the interpretation of Mississippi Code Section 11-21-1(2) (Rev.2004); particularly whether the statute, which limits partition of homestead property “exempted from execution” and owned by spouses to partition by agreement only, prohibits one spouse from obtaining a partition of jointly owned property by chancery decree against the other. As more fully detailed below, the issue is the meaning of the phrase “exempted from execution.” The chancellor held that Section 11-21-1 wholly prohibits the partitioning of spousal property…