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 be effected by providing owelty, and that it would best promote the interest of the parties, the circuit court may order the partition and fix the amount to be paid by one or several cotenants to another or others; or this may be done on hearing the report of the commissioners.
Structure Code of Alabama
Article 2 - Partition in Circuit Court.
Section 35-6-20 - Jurisdiction of Circuit Court to Divide or Sell for Division.
Section 35-6-21 - Interpleader.
Section 35-6-22 - Duty of Court to Declare Rights of Parties.
Section 35-6-23 - Determination of Questions of Title and Adjustment of Equities.