Noone v. Noone

Elise and Frank Noone were married, and jointly owned approximately sixty-seven acres of land as joint tenants with right of survivorship. Frank and Elise claimed a homestead exemption on the property. Elise filed for divorce, but the chancellor denied the divorce. The issue before the Supreme Court in this case centered on the interpretation of Mississippi Code Section 11-21-1(2) (Rev. 2004); specifically whether the statute prohibited one spouse from obtaining a partition of jointly owned property by chancery decree against the other. The chancellor held that Section 11-21-1 wholly prohibits the partitioning of spousal property by chancery decree, even to the extent that the property has a value greater than the $75,000 protected from creditors. Finding no error, the Supreme Court affirmed. View "Noone v. Noone" on Justia Law