Code of Alabama
Article 3 - Partition in Probate Court.
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 report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for, and make an equitable partition as provided in this article of the land not sold.

Structure Code of Alabama

Code of Alabama

Title 35 - Property.

Chapter 6 - Partition.

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 35-6-58 - Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees.

Section 35-6-59 - Sale Instead of Partition - Time for Hearing.

Section 35-6-60 - Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties.

Section 35-6-61 - Sale Instead of Partition - Evidence.

Section 35-6-62 - Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale.

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.