reglab/housing_qa huggingface dataset:
AL Code § 35-5A-13 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-13 - Powers and Duties of Custodian as to Custodial Property Generally.

Section 35-5A-13Powers and duties of custodian as to custodial property generally. (a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act." (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. (Acts 1986, No. 86-453, p. 819, §12.)
AL Code § 35-5A-14 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-14 - Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property.

Section 35-5A-14Custodian has rights and powers that unmarried adult would have as to property. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section does not relieve a custodian from liability for breach of Section 35-5A-13. (Acts 1986, No. 86-453, p. 819, §13.)
AL Code § 35-5A-15 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-15 - Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor.

Section 35-5A-15Delivery, payment, or expenditure of custodial property for benefit of minor. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (1) the duty or ability of the custodian personally or of any other person to support the minor, or (2) any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. (Acts 1986, No. 86-453, p. 819, §14.)
AL Code § 35-5A-16 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-16 - Custodian's Expenses, Compensation, and Bond.

Section 35-5A-16Custodian's expenses, compensation, and bond. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under Section 35-5A-5, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in subsection (f) of Section 35-5A-19, a custodian need not give a bond. (Acts 1986, No. 86-453, p. 819, §15.)
AL Code § 35-5A-17 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-17 - Exemption of Third Person From Liability for Good Faith Dealings With Custodian.

Section 35-5A-17Exemption of third person from liability for good faith dealings with custodian. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the purported custodian's designation; (2) The propriety of, or the authority under this chapter for, any act of the purported custodian; (3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian. (Acts 1986, No. 86-453, p. 819, §16.)
AL Code § 35-5A-18 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-18 - Claims Against Custodial Property; Personal Liability of Custodian and Minor.

Section 35-5A-18Claims against custodial property; personal liability of custodian and minor. (a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (b) A custodian is not personally liable: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. (Acts 1986, No. 86-453, p. 819, §17.)
AL Code § 35-5A-20 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-20 - Accounting by and Determining of Liability of Custodian.

Section 35-5A-20Accounting by and determining of liability of custodian. (a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (1) for an accounting by the custodian or the custodian's legal representative; or (2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 35-5A-18 to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under section 35-5A-19(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. (Acts 1986, No. 86-453, p. 819, §19.)
AL Code § 35-5A-21 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-21 - Termination of Custodianship Upon Minor's Reaching Age 21 or Age of Majority or Upon Minor's Death.

Section 35-5A-21Termination of custodianship upon minor's reaching age 21 or age of majority or upon minor's death. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) The minor's attainment of 21 years of age with respect to custodial property transferred under section 35-5A-5 or 35-5A-6; (2) The minor's attainment of majority under the laws of this state other than this chapter with respect to custodial property transferred under section 35-5A-7 or 35-5A-8; or (3) The minor's death. (Acts 1986, No. 86-453, p. 819, §20.)
AL Code § 35-5A-22 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-22 - Applicability of Chapter.

Section 35-5A-22Applicability of chapter. This chapter applies to a transfer within the scope of section 35-5A-3 made after October 1, 1986, if: (1) The transfer purports to have been made under the Alabama Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this chapter is necessary to validate the transfer. (Acts 1986, No. 86-453, p. 819, §21.)
AL Code § 35-5A-23 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-23 - Transfers Made Before and Custodianships Existing on October 1, 1986; Property Held in Custodianship Which Terminated Between July 22, 1975, and October 1, 1986, When Minor Attained Age 19.

Section 35-5A-23Transfers made before and custodianships existing on October 1, 1986; property held in custodianship which terminated between July 22, 1975, and October 1, 1986, when minor attained age 19. (a) Any transfer of custodial property as now defined in this chapter made before October 1, 1986, is validated notwithstanding that there was no specific authority in the Alabama Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (b) This chapter applies to all transfers made before October 1, 1986, in a manner and form prescribed in the Alabama Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on October 1, 1986. (c) Sections 35-5A-2 and 35-5A-21 with respect to the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of 19 after July 22, 1975, and before October 1, 1986. (Acts 1986, No. 86-453, p. 819, §22.)
AL Code § 35-5A-24 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 5A - Uniform Transfers to Minors Act.|Section 35-5A-24 - Uniformity of Application and Construction.

Section 35-5A-24Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Acts 1986, No. 86-453, p. 819, §23.)
AL Code § 35-6A-1 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-1 - Short Title.

Section 35-6A-1Short 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.)
AL Code § 35-6A-2 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-2 - Definitions.

Section 35-6A-2Definitions.  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 the law of intestate succession of Alabama but who is not the other individual's ascendant or descendant. (3) DESCENDANT. An individual who follows another individual in lineage, in the direct line of descent from the other individual. (4) DETERMINATION OF VALUE. A court order determining the fair market value of heirs property under Section 35-6A-6 or Section 35-6A-10 or adopting the valuation of the property agreed to by all cotenants. (5) HEIRS PROPERTY. Real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action: (A) There is no agreement in a record binding all the cotenants which governs the partition of the property; (B) One or more of the cotenants acquired title from a relative, whether living or deceased; and (C) Any of the following applies: (i) Twenty percent or more of the interests are held by cotenants who are relatives; (ii) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) Twenty percent or more of the cotenants are relatives. (6) PARTITION BY SALE. A court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open market sale conducted under Section 35-6A-10. (7) PARTITION IN KIND. The division of heirs property into physically distinct and separately titled parcels. (8) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (9) RELATIVE. An ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this chapter. (Act 2014-299, p. 1080, §2.)
AL Code § 35-6A-3 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-3 - Application and Construction of Chapter.

Section 35-6A-3Application 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, 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. (Act 2014-299, p. 1080, §3.)
AL Code § 35-6A-4 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-4 - Service of Process.

Section 35-6A-4Service 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 durable sign of at least 11 x 17 inches in size on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. (Act 2014-299, p. 1080, §4.)
AL Code § 35-6A-5 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-5 - Commisioners.

Section 35-6A-5Commisioners.  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.)
AL Code § 35-6A-6 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-6 - Determination of Value of Property; Appraisal; Notice and Hearing.

Section 35-6A-6Determination 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 pursuant to subsection (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. (c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. (d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. (e) If an appraisal is conducted pursuant to subsection (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating all of the following: (1) The appraised fair market value of the property. (2) That the appraisal is available at the clerk's office. (3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection. (f) If an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (e), whether or not an objection to the appraisal is filed under subdivision (3) of subsection (e). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. (g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. (Act 2014-299, p. 1080, §6.)
AL Code § 35-6A-8 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-8 - Partition in Kind - Circumstances.

Section 35-6A-8Partition 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 kind unless the court, after consideration of the factors listed in Section 35-6A-9, finds that partition in kind will result in great prejudice to the cotenants. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (b) If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to Section 35-6A-10 or, if no cotenant requested partition by sale, the court shall dismiss the action. (c) If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. (d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to Section 35-6A-7, a part of the property or value of the property representing the combined interests of these cotenants as determined by the court. (Act 2014-299, p. 1080, §8.)
AL Code § 35-6A-9 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6A - Alabama Uniform Partition of Heirs Property Act.|Section 35-6A-9 - Partition in Kind - Factors.

Section 35-6A-9Partition 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 the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur. (3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other. (4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant. (5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property. (6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property. (7) Any other relevant factor. (b) The court may not consider any one factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances. (Act 2014-299, p. 1080, §9.)