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 be decreed to be sold by the probate court of the county in which such property is situated, or, in case of land lying in different counties, of either of such counties, whether such lands are adjacent or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding they, or any of them, are infants or persons of unsound mind, and the application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind. Such lands shall be sold in the county where the decree is rendered, unless otherwise directed by order of the court, upon rendition of the final decree ordering such sale. The decree of sale and the decree confirming the sale shall be recorded in all counties where any of the land is situate. A certified copy of such record of these decrees shall be admissible in and prima facie evidence of their contents in all the courts of this state.
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.