Division of Homestead

The Mississippi Supreme Court decided Noone v. Noone located here last Thursday.  The parties had previously been denied a divorce and one spouse sought to petition the homestead of the parties.  The trial court found that the homestead was exempt from partition pursuant to Mississippi Code Annotated 11-21-1 and the Supreme Court affirmed.  Really what this case amounts to is if the parties are denied a divorce, there is no way to divide the house up if the parties cannot agree on a division.