11-21-1 - Partition by agreement and by arbitration; partition of homestead property.
§ 11-21-1. Partition by agreement and by arbitration; partition of homestead property.
(1) Partition of land held by adult joint tenants, tenants in common, and coparceners, may be made by agreement, which shall be evidenced by a writing, signed by the parties, and containing a description of the particular part allotted to each, and recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be binding and conclusive on the parties. They may also bind themselves by written agreement to submit the partition to the arbitrament of one or more persons to be chosen by them, and to abide the partition made by the arbitrators and the articles of submission; and the written award shall be recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be final and conclusive between the parties, unless made or procured by fraud.
(2) Homestead property exempted from execution that is owned by spouses shall be subject to partition pursuant to the provisions of this section only, and not otherwise.
Sources: Codes, 1857, ch. 36, art. 48; 1871, § 1839; 1880, § 2552; 1892, § 3096; 1906, § 3520; Hemingway's 1917, § 2832; 1930, § 2919; 1942, § 960; Laws, 2009, ch. 517, § 1, eff from and after July 1, 2009.