(a) This chapter applies to partition actions filed on or after January 1, 2015.
(b) In an action to partition real property under Chapter 6 of this title, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
(c) This chapter supplements Chapter 6 of this title, and, if an action is governed by this chapter, replaces those provisions of Chapter 6, that are inconsistent with this chapter.
(d) This chapter does not supplant or otherwise change the provisions for fees as a part of the cost under Section 34-3-60.
Structure Code of Alabama
Chapter 6A - Alabama Uniform Partition of Heirs Property Act.
Section 35-6A-1 - Short Title.
Section 35-6A-2 - Definitions.
Section 35-6A-3 - Application and Construction of Chapter.
Section 35-6A-4 - Service of Process.
Section 35-6A-5 - Commisioners.
Section 35-6A-6 - Determination of Value of Property; Appraisal; Notice and Hearing.
Section 35-6A-7 - Request for Partition by Sale; Purchase of Interests.
Section 35-6A-8 - Partition in Kind - Circumstances.
Section 35-6A-9 - Partition in Kind - Factors.
Section 35-6A-10 - Methods of Sale.
Section 35-6A-11 - Report Required for Open Market Sale.
Section 35-6A-12 - Effect on Mortgage, Lien, or Obligation.