§ 18-60-401 — Petition - Determination of heirs property - Applicability

(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition. (b) (1) The petition shall contain: (A) The description of the property; (B) The names of each party having an interest in the property and the nature and amount of the interest; and (C) A prayer for: (i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and (ii) Any other appropriate relief. (2) All persons interested in the property who have not united in the petition shall be summoned to appear. (c) (1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002 . (2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002 : (A) Apply to the partition of the property; and (B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.

Legislative History

Amended by Act 2015, No. 107,§ 2, eff. 1/1/2016. Rev. Stat., ch. 107, § 1; Civil Code, § 538; C. & M. Dig., § 8091; Pope's Dig., § 10509; Acts 1941, No. 92, § 1; 1947, No. 161, § 1; 1957, No. 324, § 1; A.S.A. 1947, § 34-1801.