reglab/housing_qa huggingface dataset:
AL Code § 35-6-42 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-42 - Contents of Application.

Section 35-6-42Contents of application. The application for division or partition must set forth the names of all the persons interested in the property, their residence, if known, whether they are over or under 19 years of age, a full and accurate description of the property sought to be divided or partitioned, the interest of each person in the same, and the number of shares into which it is to be divided. (Code 1852, §2678; Code 1867, §3106; Code 1876, §3498; Code 1886, §3239; Code 1896, §3163; Code 1907, §5205; Code 1923, §9305; Code 1940, T. 47, §194.)
AL Code § 35-6-43 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-43 - Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.

Section 35-6-43Time and place of hearing; notice; guardians ad litem; nonresidents as parties. Upon the filing of the application, a day not less than 30 days thereafter must be appointed for hearing the same; and of the time and place of such hearing, all parties in interest must have at least 10 days' notice; and when infants or persons of unsound mind are parties, if they have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they must be made parties in the same manner, and to the same extent, as is done when property in the hands of an executor or administrator is to be divided or distributed. (Code 1867, §3107; Code 1876, §3501; Code 1886, §3240; Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)
AL Code § 35-6-44 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-44 - Proceedings Against Unknown Persons and Certain Other Parties Defendant.

Section 35-6-44Proceedings against unknown persons and certain other parties defendant. When it is necessary to make any persons defendant to a petition in the probate court filed for the partition of property or for a sale thereof because it cannot be equitably divided, and the names of all or any of such persons are unknown to the petitioner and cannot be ascertained on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto annexed, that the names of such persons are unknown, and that he has made diligent inquiry to ascertain the same, proceedings may be had against them without naming them; and the judge of probate must make publication as in case of nonresident defendants, describing such unknown parties as near as may be by the character in which they are sued, and with reference to their title or interest in the property sought to be partitioned or to be sold for division of the proceeds. Should petitioner, after exercising reasonable diligence be unable to locate the whereabouts, and to ascertain with certainty whether any defendant is alive at the time of the filing of the petition, the facts showing just what diligence the petitioner has exercised must be specifically alleged in the bill, and such defendant may then be made a party, by publication as in case of unknown defendants, in his name followed by the words: " ____ and his heirs or devisees, if deceased." If the defendant so named does not appear in person or by attorney before expiration of the time for filing pleadings, the court shall appoint a guardian ad litem to represent his interest. The shares or interest of such parties in the proceeds of any such sale shall be paid in the court under such directions as may be ordered by the court, and shall there be retained and paid out to the proper parties when ascertained. (Code 1896, §3165; Code 1907, §5207; Code 1923, §9307; Code 1940, T. 47, §196; Acts 1965, 2nd Ex. Sess., No. 63, p. 89.)
AL Code § 35-6-45 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-45 - Decree for Partition; Appointment of Commissioners; Minors' Interests Considered.

Section 35-6-45Decree for partition; appointment of commissioners; minors' interests considered. If, upon the hearing, the court is satisfied from the proof that the property described in the application is held and owned jointly, or in common, it must decree the same to be divided or partitioned among the joint owners or tenants in common, according to their respective interests therein; and to effect such division or partition, it must appoint suitable commissioners, not more than five, any three of whom may act; but if the application is for the partition of lands, and any of the parties interested are minors, the court, before granting the application, must be satisfied by evidence taken as in actions before the circuit court that it is to the interest of such minors that the partition be made. (Code 1867, §3108; Code 1876, §3502; Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T. 47, §197.)
AL Code § 35-6-46 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-46 - Oath of Commissioners; Duties Generally.

Section 35-6-46Oath of commissioners; duties generally. The commissioners must be sworn faithfully to execute the trust reposed in them, and to make the division or partition fairly and impartially, if the same can be made; and the division or partition shall be conducted in all respects, as nearly as may be, consistently with the provisions of this article, as is done when property in the hands of an executor or administrator is to be distributed or divided; and in case of application for partition of lands, the commissioner must, after examining the lands, and a survey thereof, if necessary, proceed without delay to make division thereof into the necessary number of shares, having regard to the quality of the soil, and other advantages, so as to make the different shares as nearly equal in value as practicable; and they must make a plat and map thereof, showing the subdivisions of the lots, and numbering them progressively; and subdivisions and boundaries of the lots, and numbering them progressively; and they are authorized to employ a surveyor and chain bearers and other attendants, if necessary. (Code 1852, §2681; Code 1867, §3109; Code 1876, §3503; Code 1886, §3242; Code 1896, §3167; Code 1907, §5209; Code 1923, §9309; Code 1940, T. 47, §198.)
AL Code § 35-6-47 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-47 - Notice of Partition.

Section 35-6-47Notice of partition. In case of partition of lands, the commissioners must give notice, by publication in some newspaper published in the county, if there is one, or if not, in the one nearest thereto, to be made not less than three successive weeks, that they will, on a day designated, attend at the courthouse of the county to make partition. (Code 1852, §2682; Code 1867, §3110; Code 1876, §3504; Code 1886, §3243; Code 1896, §3168; Code 1907, §5210; Code 1923, §9310; Code 1940, T. 47, §199.)
AL Code § 35-6-48 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-48 - Determination and Statement by Commissioners.

Section 35-6-48Determination and statement by commissioners. On the day designated, the commissioners must, in the presence of the judge of probate, determine by lot to whom each of the several parcels belongs, and make a statement in writing of the result, setting forth to whom the several parcels or lots were allotted, together with all the facts relating to the partition and allotment, which must be signed by them, and attested by the judge of probate. (Code 1852, §2683; Code 1867, §3111; Code 1876, §3505; Code 1886, §3244; Code 1896, §3169; Code 1907, §5211; Code 1923, §9311; Code 1940, T. 47, §200.)
AL Code § 35-6-49 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-49 - Filing and Recordation of Application, etc.; Record as Evidence.

Section 35-6-49Filing and recordation of application, etc.; record as evidence. The application, commission, statement of the commissioners and plat and map must be filed in the office of the judge of probate, and, together with all orders made by him, must be recorded in a book kept by him for the record of conveyances of land, and when recorded, the record thereof shall be presumptive evidence of the truth of any fact therein stated. (Code 1852, §2684; Code 1867, §3112; Code 1876, §3506; Code 1886, §3245; Code 1896, §3170; Code 1907, §5213; Code 1923, §9313; Code 1940, T. 47, §202.)
AL Code § 35-6-50 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-50 - Partition Vests Title; Annulment by Circuit Court.

Section 35-6-50Partition vests title; annulment by circuit court. The partition so made vests a title in fee simple in the persons to whom the several shares are allotted, as fully and completely as if each had conveyed to the others; but if any fraud or undue influence be employed by any of the parties to obtain an unfair partition or allotment, such partition may be annulled by the circuit court, on a complaint filed within five years after the allotment. (Code 1852, §2685; Code 1867, §3113; Code 1876, §3507; Code 1886, §3246; Code 1896, §3171; Code 1907, §5214; Code 1923, §9314; Code 1940, T. 47, §203.)
AL Code § 35-6-51 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-51 - Effect of Partition on Liens.

Section 35-6-51Effect of partition on liens. When there is a lien on an undivided interest of any of the parties, such lien, if a partition is made, is thenceforth a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien. (Code 1852, §2686; Code 1867, §3114; Code 1876, §3508; Code 1886, §3247; Code 1896, §3172; Code 1907, §5215; Code 1923, §9315; Code 1940, T. 47, §204.)
AL Code § 35-6-52 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-52 - Completion of Partition by Substitute Commissioner.

Section 35-6-52Completion of partition by substitute commissioner. If any of the commissioners die, resign or neglect or refuse to act, at any time before the final allotment, others may be substituted in their stead by the probate court, and they shall have the same power in completing such partition and allotment as if they had been originally appointed. (Code 1852, §2687; Code 1867, §3115; Code 1876, §3509; Code 1886, §3248; Code 1896, §3173; Code 1907, §5216; Code 1923, §9316; Code 1940, T. 47, §205.)
AL Code § 35-6-53 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-53 - Fees of Commissioners.

Section 35-6-53Fees of commissioners. The commissioners are entitled to $2.00 per day for each day while they are engaged in such partition and allotment, and all expenses they may have incurred in causing survey, map, and plat to be made, or otherwise, in the discharge of their duties. (Code 1852, §2688; Code 1867, §3116; Code 1876, §3510; Code 1886, §3249; Code 1896, §3174; Code 1907, §5217; Code 1923, §9317; Code 1940, T. 47, §206.)
AL Code § 35-6-54 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-54 - Costs and Expenses.

Section 35-6-54Costs and expenses. The probate court must ascertain the costs and expenses attending the division, and make a record thereof, stating distinctly each item of such costs and expenses; and if the same are not paid within 30 days after the allotment, an execution may be issued against each of the persons to whom the land was allotted, for his aliquot portion thereof, which must be directed to the sheriff, to be levied as other executions, and may be levied on the land so allotted to him. (Code 1852, §2689; Code 1867, §3117; Code 1876, §3511; Code 1886, §3250; Code 1896, §3175; Code 1907, §5218; Code 1923, §9318; Code 1940, T. 47, §207.)
AL Code § 35-6-55 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-55 - Partition Not Made When Adverse Claim or Title Asserted.

Section 35-6-55Partition not made when adverse claim or title asserted. No division or partition or sale for distribution can be made under this article, in the probate court when an adverse claim or title is asserted by anyone, or brought to the knowledge of the commissioners, or of the judge of probate. (Code 1852, §2690; Code 1867, §3118; Code 1876, §3512; Code 1886, §3251; Code 1896, §3176; Code 1907, §5220; Code 1923, §9320; Code 1940, T. 47, §208.)
AL Code § 35-6-56 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-56 - Remedy Not Exclusive.

Section 35-6-56Remedy not exclusive. The power conferred in this article does not prevent a resort to any other lawful mode of obtaining partition of lands. (Code 1852, §2691; Code 1867, §3119; Code 1876, §3513; Code 1886, §3252; Code 1896, §3177; Code 1907, §5221; Code 1923, §9321; Code 1940, T. 47, §209.)
AL Code § 35-6-57 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-57 - Sale Instead of Partition - When Sale Ordered.

Section 35-6-57Sale instead of partition - When sale ordered. If, after a decree for partition and the appointment of commissioners it shall appear from the report of the commissioners, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for, and make an equitable partition as provided in this article of the land not sold. (Code 1907, §5212; Code 1923, §9312; Code 1940, T. 47, §201.)
AL Code § 35-6-58 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-58 - Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees.

Section 35-6-58Sale instead of partition - Property subject to sale; by whom application made; where sale held; record of decrees. 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. (Code 1867, §3120; Code 1876, §3514; Code 1886, §3253; Code 1896, §3178; Code 1907, §5222; Acts 1923, No. 496, p. 659; Code 1923, §9322; Code 1940, T. 47, §210.)
AL Code § 35-6-59 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-59 - Sale Instead of Partition - Time for Hearing.

Section 35-6-59Sale instead of partition - Time for hearing. Upon the filing of such application, setting forth that the property cannot be equitably divided or partitioned, without a sale thereof, a day must be appointed, not less than 30 days thereafter for hearing the same. (Code 1867, §3121; Code 1876, §3515; Code 1886, §3254; Code 1896, §3179; Code 1907, §5223; Code 1923, §9323; Code 1940, T. 47, §211.)
AL Code § 35-6-60 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-60 - Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties.

Section 35-6-60Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents as parties. All parties in interest must have at least 10 days' notice of the time and place set for the hearing of such application; and when infants or persons of unsound mind are parties, and have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they may be made parties in the same manner, and to the same extent as is done when property in the hands of an executor or administrator is to be divided or distributed. (Code 1867, §3122; Code 1876, §3516; Code 1886, §3255; Code 1896, §3180; Code 1907, §5224; Code 1923, §9324; Code 1940, T. 47, §212.)
AL Code § 35-6-61 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-61 - Sale Instead of Partition - Evidence.

Section 35-6-61Sale instead of partition - Evidence. Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition. (Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225; Code 1923, §9325; Code 1940, T. 47, §213.)
AL Code § 35-6-62 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-62 - Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale.

Section 35-6-62Sale instead of partition - Decree and orders; appointment of commissioner; conduct of sale. 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. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257; Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)
AL Code § 35-6-63 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-63 - Sale Instead of Partition - Payment and Distribution of Purchase Money.

Section 35-6-63Sale instead of partition - Payment and distribution of purchase money. Such commissioner may discharge himself from all liability for money received by him for the property sold, by paying over the same to the judge of probate, after deducting therefrom the costs and expenses attending the sale, including commissions to him at the same rate that executors or administrators receive for collecting, but in no case more than $100.00; and such net proceeds must be distributed by the judge of probate among the persons entitled thereto, according to their respective interests. (Code 1867, §3125; Code 1876, §3519; Code 1886, §3258; Code 1896, §3183; Code 1907, §5227; Code 1923, §9327; Code 1940, T. 47, §215.)
AL Code § 35-6-64 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-64 - Sale Instead of Partition - Completion of Sale by Substitute Commissioner.

Section 35-6-64Sale instead of partition - Completion of sale by substitute commissioner. If the commissioner dies, resigns or neglects or refuses to act, at any time before the sale, another may be substituted in his stead by the court, who shall have the same power in completing the sale as if originally appointed. (Code 1886, §3259; Code 1896, §3184; Code 1907, §5228; Code 1923, §9328; Code 1940, T. 47, §216.)
AL Code § 35-6-65 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-65 - Article Applicable to Executors or Administrators of Deceased Parties.

Section 35-6-65Article applicable to executors or administrators of deceased parties. Should any of the parties interested in property, real or personal, held by joint owners or tenants in common, die, the provisions of this article shall fully apply to his executor or administrator. (Code 1867, §3126; Code 1876, §3520; Code 1886, §3260; Code 1896, §3185; Code 1907, §5229; Code 1923, §9329; Code 1940, T. 47, §217.)
AL Code § 35-6-66 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-66 - Article Not Applicable to Partition of Crops.

Section 35-6-66Article not applicable to partition of crops. The provisions of this article are not applicable to the partition of crops. (Code 1886, §3261; Code 1896, §3186; Code 1907, §5230; Code 1923, §9330; Code 1940, T. 47, §218.)
AL Code § 35-6-80 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.|Section 35-6-80 - When and by Whom Sale Made.

Section 35-6-80When and by whom sale made. In all cases in which any person of unsound mind or any minor shall hold an interest as tenant in common with others in one or more parcels of land or realty in this state, and there shall be no valid authority to sell such interest vested in any person by the terms of any instrument under which such person of unsound mind or such minor holds such interest, and such sale shall not be prohibited or restricted by such instrument, it shall be lawful for the guardian of such minor or person of unsound mind to join the other tenants in common in selling any such parcel of land or realty for a division of proceeds thereof, such sale to be made either publicly or privately, and upon such terms as to payment and security for unpaid installments as such guardian may deem to the interest of his ward, subject, however, to such sale being set aside as provided in this article. (Code 1907, §5253; Code 1923, §9357; Code 1940, T. 47, §219.)