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 only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.
Structure Code of Alabama
Article 3 - Partition in Probate Court.
Section 35-6-40 - Property Subject to Partition; by Whom Application Made.
Section 35-6-41 - Partition of Land Lying Partly in Different Counties.
Section 35-6-42 - Contents of Application.
Section 35-6-43 - Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.
Section 35-6-44 - Proceedings Against Unknown Persons and Certain Other Parties Defendant.
Section 35-6-45 - Decree for Partition; Appointment of Commissioners; Minors' Interests Considered.
Section 35-6-46 - Oath of Commissioners; Duties Generally.
Section 35-6-47 - Notice of Partition.
Section 35-6-48 - Determination and Statement by Commissioners.
Section 35-6-49 - Filing and Recordation of Application, etc.; Record as Evidence.
Section 35-6-50 - Partition Vests Title; Annulment by Circuit Court.
Section 35-6-51 - Effect of Partition on Liens.
Section 35-6-52 - Completion of Partition by Substitute Commissioner.
Section 35-6-53 - Fees of Commissioners.
Section 35-6-54 - Costs and Expenses.
Section 35-6-55 - Partition Not Made When Adverse Claim or Title Asserted.
Section 35-6-56 - Remedy Not Exclusive.
Section 35-6-57 - Sale Instead of Partition - When Sale Ordered.
Section 35-6-59 - Sale Instead of Partition - Time for Hearing.
Section 35-6-61 - Sale Instead of Partition - Evidence.
Section 35-6-63 - Sale Instead of Partition - Payment and Distribution of Purchase Money.
Section 35-6-64 - Sale Instead of Partition - Completion of Sale by Substitute Commissioner.
Section 35-6-65 - Article Applicable to Executors or Administrators of Deceased Parties.
Section 35-6-66 - Article Not Applicable to Partition of Crops.