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Alabama · Through Act 2026-611

Ala. Code § 35-6-45: Decree for Partition; Appointment of Commissioners; Minors’ Interests Considered.

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Where this section sits in the code
  1. Title 35 Property.
  2. Chapter 6 Partition.
  3. Article 3 Partition in Probate Court.

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.

Collected 2026-09-03T14:01:51Z. Source file · JSON

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