SB162 Alabama 2014 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Jerry L. Fielding
Republican
Co-Sponsors: Mark Slade Blackwell Cam Ward Bryan Taylor Gerald O. Dial Rusty Glover Phillip W. Williams Roger Bedford, Jr.Greg J. Reed Del Marsh Vivian Davis Figures Gerald H. Allen Bill Hightower Rodger Smitherman Tammy Irons Jimmy Holley Trip Pittman Dick Brewbaker Tom Whatley Clay Scofield
Session: Regular Session 2014
Title: Property, Alabama Uniform Partition of Heirs Property Act, created
Summary: SB162 creates the Alabama Uniform Partition of Heirs Property Act to provide a uniform process for partitioning heirs property, including valuation, buyouts, and sale options.
What This Bill Does
The act applies to partition actions filed on or after January 1, 2015 and requires that heirs property be partitioned under this act unless cotenants record a different agreement. It establishes a valuation process (court-ordered appraisal or agreed value), and sets rules for how the property can be partitioned either in kind or by sale. It creates procedures for cotenants to elect partition by sale or by kind, including buyout mechanics and price calculations based on the entire parcel's value. The act also outlines sale procedures (open market, auction, or sealed bids), required notices and reporting, and protections for existing mortgages or liens.

Who It Affects
Cotenants of heirs property who own property in tenancy in common and may request partition by sale or partition in kind, with rights to buy out other cotenants' interests and to receive valuation and sale proceeds under the new rules.
Courts, appraisers, commissioners, and real estate brokers who implement the process, including determining value, supervising buyouts, arranging sales, and filing required notices and reports.

Key Provisions
Defines heirs property and sets the act as the governing process for partition actions filed on or after January 1, 2015.
Requires courts to determine fair market value of heirs property by appraisal unless cotenants agree to a different method, and to notice parties of the appraisal results.
Allows cotenants to elect partition by sale or partition in kind, with detailed buyout rules and price calculations based on the overall value times each cotenant's fractional ownership.
Outlines step-by-step buyout procedures, including how multiple electing cotenants share the selling interests, deadlines, and court procedures for reallocating interests if buyouts occur.
Provides a framework for partition by sale, including open market selling, broker appointment, reporting requirements, and safeguards to ensure price obligations and timelines, and allows partition in kind with potential inter-cotenant payments to balance value.
Preserves existing mortgages and liens; a partition by sale or in-kind distribution does not displace liens on the property.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Property, Real and Personal