Alabama § 35-6-62 Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale

Alabama Statutes

§ 35-6-62 — Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale

Alabama § 35-6-62

Title 35Property

Ch. 6Partition

Art. 3Partition in Probate Court

This text of Alabama § 35-6-62 (Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-6-62 (2026).

Text

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.

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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.