If, upon the hearing, the court is satisfied from the proof that such property cannot be equitably divided or partitioned among the parties in interest, it must decree the same to be sold, and make and issue all such orders as may be necessary to effect the sale thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted, the purchase money collected, conveyance of the title made and all proceedings subsequent to the sale conducted in every respect as is done when property in the hands of an executor or administrator is to be distributed.
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.