When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee.
Structure Code of Alabama
Article 1 - Exemptions From Levy and Sale Under Process.
Division 2 - Claim and Contest of Exemptions.
Section 6-10-20 - Declaration of Claimed Exemptions - Making and Filing.
Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies.
Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc.
Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice.
Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest.
Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims.
Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim.
Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer.
Section 6-10-30 - Contest of Exemption Claim - Trial of Issues.
Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court.
Section 6-10-32 - Contest of Exemption Claim - Judgment.
Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive.
Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee.
Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same.
Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property.
Section 6-10-43 - Effect of Contest on Sale of Property and Lien Thereon.