Code of Alabama
Ala. Code § 35-6-100 (2026)
Court to Provide for Purchase of Filing Joint Owners’ Interests; Notice by Prospective Purchasers.
✓ official Alabama Legislature (ALISON) text, current July 2026
Upon the filing of any petition for a sale for division of any property, real or personal, held by joint owners or tenants in common, the court shall provide for the purchase of the interests of the joint owners or tenants in common filing for the petition or any others named therein who agree to the sale by the other joint owners or tenants in common or any one of them. Provided that the joint owners or tenants in common interested in purchasing such interests shall notify the court of same not later than 10 days prior to the date set for trial of the case and shall be allowed to purchase whether default has been entered against them or not.
(Acts 1979, No. 79-334, p. 532, §1.)
Notes of Decisions
Cited in 25
cases, 1981–2016 · leading case: Jolly v. Knopf, 463 So. 2d 150 (Ala. 1985).
Jolly v. Knopf, 463 So. 2d 150 (Ala. 1985). “The notice was in accordance with § 35-6-100, Ala. Code 1975 (1984 Supp.). This was followed by a "motion for Court to Provide for Purchase of Filing Joint Owner's Interest," which essentially repeated the earlier notice and, in addition, alleged that the defendants were ready,…”
Ex Parte Melof, 735 So. 2d 1172 (Ala. 1999). “the statute [Ala. Code 1975, § 35-6-100] violates the equal protection provisions of the Constitution of this state, §§ 1, 6, and 22, .”
Barrow v. Myhand, 205 So. 3d 1261 (Ala. Civ. App. 2016). “Taurus also filed a notice with the trial court indicating that he wished to purchase the interests of the other cotenants pursuant to § 35-6-100 et seq., Ala.Code 1975. In August 2013, Larry, Mary, and Dorothy each filed pro se motions in opposition to the proposed sale.”
James v. James, 764 So. 2d 549 (Ala. Civ. App. 1999). “Also, the trial court's order does not prohibit the husband from placing his own bid at the sale, and, in effect, buying out the wife's one-third interest in these corporations just as a party in a sale-for-division action can purchase the other parties' interests in the…”
Johnson v. Johnson, 24 So. 3d 463 (Ala. Civ. App. 2009). “On September 9, 2008, the trial court entered a judgment ruling that Roosevelt had timely invoked his right to purchase the property pursuant to § 35-6-100 by filing his notice of intent to purchase the interests of the other joint owners not less than 10 days before the June 12…”
Cherry v. Mazzone, 568 So. 2d 799 (Ala. 1990). “That it appears from the pleadings that each of the owners of an interest in the subject property [has] properly invoked the provisions of Ala.Code 1975, § 35-6-100 et seq., and that each of said parties is entitled to bid on the subject property at private sale, for which the…”
Brown v. Melton, 29 So. 3d 868 (Ala. 2009). “The original defendant, Carnell, answered the complaint and contended that the subject property could not be equitably divided, and she moved for a sale of the subject property and a division of the proceeds pursuant to § 35-6-100, Ala.Code 1975. 3 Subsequently, Betty asked to…”
Baldwin v. Baldwin, 516 So. 2d 560 (Ala. 1987). “Section 35-6-100, Code 1975. Should an interest in the leasehold be transferred from one co-tenant to another, or should it become necessary to transfer the leasehold to one not a party to the lease, the lessor still retains whatever rights he has under the lease as to…”
Madison v. Lambert, 428 So. 2d 25 (Ala. 1983). “At issue in these appeals is the interest of the plaintiff in the improvement on real property to be sold for division, and the right of the defendants pursuant to Code 1975, § 35-6-100, to purchase one of the two parcels to be sold.”
Sanders v. Bailem, 684 So. 2d 1344 (Ala. Civ. App. 1996). “Sanders filed a “Motion to Set Aside Order or in The Alternative A New Trial,” arguing that the trial court had disregarded the intention of the testator, wrongfully interpreted the will, ignored the law regarding the construction of wills; wrongfully assessed an attorney fee,…”
Craig v. Javine, 432 So. 2d 1304 (Ala. Civ. App. 1983). “” § 35-6-100, Code 1975. We note from the language of the statute that this procedure is only available to joint owners or tenants in common.”
Atchison v. Goodwin, 460 So. 2d 1243 (Ala. 1984). “Shortly after receiving service of process, Melbalene and Wilbur filed a “cross/cross complaint” which sought relief under Code 1975, § 35-6-100, et seq. (1983 Supp.). Under the provisions of this Code section, Melbalene and Wilbur sought to purchase the interests of the…”
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