SB162 Summary: Alabama Uniform Partition of Heirs Property Act

• Creates the Alabama Uniform Partition of Heirs Property Act to establish standardized procedures for partitioning real property held in tenancy in common by multiple cotenants with family connections.

• Applies to partition actions filed on or after January 1, 2015, and supplements Chapter 6 of Title 35, Code of Alabama 1975, replacing inconsistent provisions.

• Establishes three partition methods: partition in kind (physical division into separate parcels), partition by sale (court-ordered sale via open market, sealed bids, or auction), and buyout procedures allowing cotenants to purchase interests of those requesting sale.

• Requires courts to determine fair market property value through court-ordered appraisal, with 30-day objection period and hearing before partition merits are considered.

• Provides detailed procedures for open market sales (180-day limit), auctions (conducted at courthouse 11 a.m. to 4 p.m.), sealed bids, and multi-stage buyout elections with specific payment deadlines and interest reallocation formulas.