Phillips v. Phillips

Mr. PRESIDING JUSTICE GREEN

delivered the opinion of the court;

The primary issue in this partition suit concerns the relationship between section 16 of “An Act * * * in relation to husband and wife” (hereinafter section 16) (Ill. Rev. Stat. 1975, ch. 68, par. 16), which states that one spouse cannot remove the other from his or her “homestead” without providing that spouse with “another homestead suitable to the condition in life of the family” and section 1 of “An Act to exempt the homestead * * (hereinafter section 1) (Ill. Rev. Stat. 1975, ch. 52, par. 1), which states that every…