Code of Alabama - Title 35: Property - Chapter 6A - Alabama Uniform Partition of Heirs Property Act

• Section 35-6A-1 Short title
  This chapter shall be known and may be cited as the Alabama Uniform Partition of Heirs Property Act.
• Section 35-6A-2 Definitions
  For the purposes of this chapter, the following terms shall have the following meanings: (1) ASCENDANT. An individual who precedes another individual in lineage, in...
• Section 35-6A-3 Application and construction of chapter
  (a) This chapter applies to partition actions filed on or after January 1, 2015. (b) In an action to partition real property under Chapter 6...
• Section 35-6A-4 Service of process
  (a) Service of process shall be in accordance with Section 35-6-20 and Section 35-6-25. (b) When service of process is obtained by publication and the...
• Section 35-6A-5 Commisioners
  If the court appoints commissioners pursuant to Section 35-6-45 and Section 35-6-62, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in...
• Section 35-6A-6 Determination of value of property; appraisal; notice and hearing
  (a) Except as otherwise provided in subsection (b) and subsection (c), if the court determines that the property that is the subject of a partition...
• Section 35-6A-7 Request for partition by sale; purchase of interests
  (a) In each petitioner's initial pleading in a partition action, the petitioner shall state whether the petitioner requests partition by sale. If the petitioner fails...
• Section 35-6A-8 Partition in kind - Circumstances
  (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 35-6A-7, or, if...
• Section 35-6A-9 Partition in kind - Factors
  (a) In determining under subsection (a) of Section 35-6A-8 whether partition in kind would result in great prejudice to the cotenants, the court shall consider...
• Section 35-6A-10 Methods of sale
  (a) If the court orders a sale of heirs property, the court shall order that the sale be conducted by one or more of the...
• Section 35-6A-11 Report required for open market sale
  (a) In an open market sale of heirs property, a broker or seller shall file a report with the court not later than seven days...
• Section 35-6A-12 Effect on mortgage, lien, or obligation
  A partition, sale or other disposition of property pursuant to this chapter shall not affect or displace a mortgage or other lien on the property,...
• Section 35-6A-13 Construction with other laws
  In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject...
• Section 35-6A-14 Relation to federal law
  This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify,...

Last modified: May 3, 2021