Code of Alabama - Title 35: Property - Chapter 6 - Partition
- Article 1 General Provisions.
- Article 2 Partition in Circuit Court.
- Section 35-6-20 Jurisdiction of circuit court to divide or sell for division
The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property, real or personal, held by joint owners or...
- Section 35-6-21 Interpleader
During the pendency of any civil action for partition, any person claiming to be interested in the premises to be assigned or aparted may appear...
- Section 35-6-22 Duty of court to declare rights of parties
The court shall ascertain and declare the rights, titles, and interest of all the parties to such action, the plaintiffs as well as the defendants,...
- Section 35-6-23 Determination of questions of title and adjustment of equities
(a) If the title of the plaintiffs seeking partition or sale of lands for a division shall be controverted, or should the title or claim...
- Section 35-6-24 Partition without commissioners; owelty
If, at the hearing, it appears that the intervention of commissioners is unnecessary to secure an equal partition in kind, or that the same can...
- Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment not affected by death of defendant; section cumulative
(a) When it is necessary to make any person a party defendant in any partition proceedings brought under the provisions of this article for partition...
- Article 3 Partition in Probate Court.
- Section 35-6-40 Property subject to partition; by whom application made
Any property, real, personal or mixed, held by joint owners or tenants in common, may be divided among them, on the written application of one...
- Section 35-6-41 Partition of land lying partly in different counties
When partition is sought of a tract of land lying partly in different counties, the application may be made to the probate court of either...
- Section 35-6-42 Contents of application
The application for division or partition must set forth the names of all the persons interested in the property, their residence, if known, whether they...
- Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties
Upon the filing of the application, a day not less than 30 days thereafter must be appointed for hearing the same; and of the time...
- Section 35-6-44 Proceedings against unknown persons and certain other parties defendant
When it is necessary to make any persons defendant to a petition in the probate court filed for the partition of property or for a...
- Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered
If, upon the hearing, the court is satisfied from the proof that the property described in the application is held and owned jointly, or in...
- Section 35-6-46 Oath of commissioners; duties generally
The commissioners must be sworn faithfully to execute the trust reposed in them, and to make the division or partition fairly and impartially, if the...
- Section 35-6-47 Notice of partition
In case of partition of lands, the commissioners must give notice, by publication in some newspaper published in the county, if there is one, or...
- Section 35-6-48 Determination and statement by commissioners
On the day designated, the commissioners must, in the presence of the judge of probate, determine by lot to whom each of the several parcels...
- Section 35-6-49 Filing and recordation of application, etc.; record as evidence
The application, commission, statement of the commissioners and plat and map must be filed in the office of the judge of probate, and, together with...
- Section 35-6-50 Partition vests title; annulment by circuit court
The partition so made vests a title in fee simple in the persons to whom the several shares are allotted, as fully and completely as...
- Section 35-6-51 Effect of partition on liens
When there is a lien on an undivided interest of any of the parties, such lien, if a partition is made, is thenceforth a charge...
- Section 35-6-52 Completion of partition by substitute commissioner
If any of the commissioners die, resign or neglect or refuse to act, at any time before the final allotment, others may be substituted in...
- Section 35-6-53 Fees of commissioners
The commissioners are entitled to $2.00 per day for each day while they are engaged in such partition and allotment, and all expenses they may...
- Section 35-6-54 Costs and expenses
The probate court must ascertain the costs and expenses attending the division, and make a record thereof, stating distinctly each item of such costs and...
- Section 35-6-55 Partition not made when adverse claim or title asserted
No division or partition or sale for distribution can be made under this article, in the probate court when an adverse claim or title is...
- Section 35-6-56 Remedy not exclusive
The power conferred in this article does not prevent a resort to any other lawful mode of obtaining partition of lands.
- Section 35-6-57 Sale instead of partition - When sale ordered
If, after a decree for partition and the appointment of commissioners it shall appear from the report of the commissioners, or on exceptions to their...
- Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made; where sale held; record of decrees
Any property, real or personal, held by joint owners or tenants in common, on the written application of any one or more of them, may...
- Section 35-6-59 Sale instead of partition - Time for hearing
Upon the filing of such application, setting forth that the property cannot be equitably divided or partitioned, without a sale thereof, a day must be...
- Section 35-6-60 Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents as parties
All parties in interest must have at least 10 days' notice of the time and place set for the hearing of such application; and when...
- Section 35-6-61 Sale instead of partition - Evidence
Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate...
- Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner; conduct of sale
If, upon the hearing, the court is satisfied from the proof that such property cannot be equitably divided or partitioned among the parties in interest,...
- Section 35-6-63 Sale instead of partition - Payment and distribution of purchase money
Such commissioner may discharge himself from all liability for money received by him for the property sold, by paying over the same to the judge...
- Section 35-6-64 Sale instead of partition - Completion of sale by substitute commissioner
If the commissioner dies, resigns or neglects or refuses to act, at any time before the sale, another may be substituted in his stead by...
- Section 35-6-65 Article applicable to executors or administrators of deceased parties
Should any of the parties interested in property, real or personal, held by joint owners or tenants in common, die, the provisions of this article...
- Section 35-6-66 Article not applicable to partition of crops
The provisions of this article are not applicable to the partition of crops.
- Article 4 Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.
- Section 35-6-80 When and by whom sale made
In all cases in which any person of unsound mind or any minor shall hold an interest as tenant in common with others in one...
- Section 35-6-81 Report of sale by guardian to court
Within three months after making any such sale, such guardian shall report the same under oath to the court having jurisdiction of his administration of...
- Section 35-6-82 Time and notice of hearing
Upon the filing of such report the court must appoint a day for the hearing of the same, not less than 20 days from the...
- Section 35-6-83 Guardian ad litem
The court must appoint a guardian ad litem to represent the interest of such ward upon such hearing, as provided by law for the appointment...
- Section 35-6-84 Contest by custodian and next of kin
The person in whose custody such ward is must be cited, and the next of kin so cited may also appear at such hearing and...
- Section 35-6-85 Conduct of hearing generally; order confirming sale
On the day appointed for such hearing, or on any other day to which it may be continued the court must proceed to hear such...
- Section 35-6-86 Multiple sales
Two or more sales of the interest of a ward in different parcels of land or realty made under the provisions of this article may...
- Section 35-6-87 Report of payment; order for conveyance
Within 30 days after receiving full payment for the interest of his ward in any land or realty so sold, such sale having been confirmed...
- Section 35-6-88 Conveyances to be presented to court; certificate; when conveyance vacated
Every conveyance made under the provisions of this article shall, before delivery, be presented by the person making the same to the judge of the...
- Section 35-6-89 Sale void unless to advantage of ward and confirmed by court
(a) If, on the hearing of the report of sale by the guardian, it shall appear to the court that the sale of any parcel...
- Section 35-6-90 Limitation on guardian's authority; authority of successor
The authority conferred under the provisions of this article shall remain in the guardian in whom it is vested only so long as he continues...
- Section 35-6-91 Provisions of article not exclusive
The provisions of this article shall not be exclusive of other modes, remedies, or proceedings for selling or partitioning the lands of minors or insane...
- Article 4A Purchase of Interest of Joint Owner Filing for Partition.
- Article 5 Partition of Crops.
- Section 35-6-110 Crops subject to partition; by whom application made
Matured crops of corn, cotton, or other produce, raised and made by persons in such manner as to make them joint owners or tenants in...
- Section 35-6-111 Contents of application
Such application must set forth the names, ages, and places of residence of all the persons interested in the crops, the location, value, and description...
- Section 35-6-112 Time for hearing; guardians ad litem
Upon the filing of such application, a day must be appointed for the hearing of the same, within 15 days thereafter, if the parties are...
- Section 35-6-113 Notice
Notice of such application, and of the day appointed for its hearing, must be issued by the judge of probate to the parties in interest...
- Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond
(a) If, at the time of filing such application, or afterwards, any party interested in the crops, his agent or attorney, makes affidavit before the...
- Section 35-6-115 Decree of partition or sale; effect on existing liens
(a) If, on the hearing, the court is satisfied from the evidence that the parties are joint owners or tenants in common in the crops,...
- Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge
If the crops are ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding him to sell such crops...
- Section 35-6-117 Appointment and duties of commissioners generally; oath; return; seizure of crops
If a division of the crops is decreed, the judge of probate must forthwith issue a writ, directed to the sheriff, and commanding him to...
- Section 35-6-118 Sale when partition impracticable
If the commissioners find it impracticable to make division of the crops in specie, or that it is necessary to sell a portion thereof to...
- Section 35-6-119 Replacement of commissioners upon failure to act
If any of the commissioners for any cause fail to act, others may, at any time before division made, be appointed in their stead, and...
- Section 35-6-120 Objections to commissioners' report; confirming or setting aside report
Any of the parties may file objections to the report of the commissioners making the division, within 10 days after the same is returned, and,...
- Section 35-6-121 Delivery of shares
If all the parties consent in writing, the sheriff, immediately after division is made, shall deliver to each party his share of the crops; but...
- Section 35-6-122 Trial by jury
Either party shall be entitled to a trial by jury, on demand made therefor at any time before the hearing, and the jury shall decide...
- Section 35-6-123 Costs and fees
The probate court may tax the costs against the unsuccessful party litigating, or against the crops, which may be sold in amount sufficient to satisfy...
- Section 35-6-124 Appeals
Any of the parties, within 10 days thereafter, may appeal to the circuit or Supreme Court from the decree of partition or sale, or from...
- Section 35-6-125 Recordation of papers
All papers connected with the proceedings shall be filed, but shall not be recorded unless one or more of the parties request it, in which...
- Section 35-6-126 Article applicable to assignees; remedy not exclusive
The provisions of this article shall apply to the assignee of any joint owner or tenant in common; but the remedy hereby given shall not...
Last modified: May 3, 2021