Section 35-6A-1 – Short Title.

Section 35-6A-1 Short title. This chapter shall be known and may be cited as the Alabama Uniform Partition of Heirs Property Act. (Act 2014-299, p. 1080, §1.)

Section 35-6A-10 – Methods of Sale.

Section 35-6A-10 Methods of sale. (a) If the court orders a sale of heirs property, the court shall order that the sale be conducted by one or more of the following methods of sale: Open market sale with or without a broker or brokers; by sealed bids; public auction; or private sale. The court shall […]

Section 35-6A-11 – Report Required for Open Market Sale.

Section 35-6A-11 Report required for open market sale. (a) In an open market sale of heirs property, a broker or seller shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the determination of value or the amount ordered by the court. […]

Section 35-6A-12 – Effect on Mortgage, Lien, or Obligation.

Section 35-6A-12 Effect on mortgage, lien, or obligation. A partition, sale or other disposition of property pursuant to this chapter shall not affect or displace a mortgage or other lien on the property, and shall not affect or displace the obligations of any person who is a party to the mortgage or other lien or […]

Section 35-6A-13 – Construction With Other Laws.

Section 35-6A-13 Construction with other laws. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform act. (Act 2014-299, p. 1080, §13.)

Section 35-6A-14 – Relation to Federal Law.

Section 35-6A-14 Relation to federal law. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section […]

Section 35-6A-2 – Definitions.

Section 35-6A-2 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) ASCENDANT. An individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) COLLATERAL. An individual who could inherit from, or whose estate could descend to, the related individual under […]

Section 35-6A-3 – Application and Construction of Chapter.

Section 35-6A-3 Application and construction of chapter. (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, […]

Section 35-6A-4 – Service of Process.

Section 35-6A-4 Service of process. (a) Service of process shall be in accordance with Section 35-6-20 and Section 35-6-25. (b) When service of process is obtained by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post a conspicuous and […]

Section 35-6A-5 – Commisioners.

Section 35-6A-5 Commisioners. If the court appoints commissioners pursuant to Section 35-6-45 and Section 35-6-62, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Sections 35-6-45, 35-6-46, and 35-6-62, shall be disinterested and impartial and not a party to or a participant in the action. (Act 2014-299, p. 1080, §5.)

Section 35-6A-6 – Determination of Value of Property; Appraisal; Notice and Hearing.

Section 35-6A-6 Determination of value of property; appraisal; notice and hearing. (a) Except as otherwise provided in subsection (b) and subsection (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal […]

Section 35-6A-7 – Request for Partition by Sale; Purchase of Interests.

Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner’s initial pleading in a partition action, the petitioner shall state whether the petitioner requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed to have not requested partition by sale. (b) In each cotenant’s initial […]

Section 35-6A-8 – Partition in Kind – Circumstances.

Section 35-6A-8 Partition in kind – Circumstances. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 35-6A-7, or, if after conclusion of the buyout under Section 35-6A-7, a cotenant remains that has requested partition in kind, the court shall order partition in […]

Section 35-6A-9 – Partition in Kind – Factors.

Section 35-6A-9 Partition in kind – Factors. (a) In determining under subsection (a) of Section 35-6A-8 whether partition in kind would result in great prejudice to the cotenants, the court shall consider all of the following: (1) Whether the heirs property practicably can be divided among the cotenants. (2) Whether partition in kind would apportion […]