Code of Alabama
Ala. Code § 35-6-20 (2026)
Jurisdiction of Circuit Court to Divide or Sell for Division.
✓ official Alabama Legislature (ALISON) text, current July 2026
The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property, real or personal, held by joint owners or tenants in common; whether the defendant denies the title of plaintiff or sets up adverse possession or not; and the court in exercising its jurisdiction shall proceed according to the Alabama Rules of Civil Procedure and, where necessary, allow service of process by publication as prescribed therein.
(Code 1886, §3262; Code 1896, §3187; Code 1907, §5231; Acts 1909, No. 123, p. 124; Code 1923, §9331; Code 1940, T. 47, §186.)
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1980–2026 · leading case: Leo v. Powell (In Re Powell), 325 B.R. 6 (Bankr. N.D. Ala. 2005).
Leo v. Powell (In Re Powell), 325 B.R. 6 (Bankr. N.D. Ala. 2005). “§ 363 (h) or, alternatively, under the procedures for partition set forth in Ala.Code § 35-6-20 et seq.(1975). 2 *8 In Count One of the Complaint, the Trustee seeks an Order allowing him to sell the Partnership as a whole, free and clear of the Defendants’ interests, pursuant to…”
Martin v. Martin, 656 So. 2d 846 (Ala. Civ. App. 1995). “She also argues that the trial court erred in refusing to partition the retirement *848 benefits, pursuant to Ala.Code 1975, § 35-6-20 et seq. Partition of jointly-owned property may be permitted in certain instances.”
Baldwin v. Baldwin, 516 So. 2d 560 (Ala. 1987). “The dispositive issue in this case is whether the plaintiff is entitled to a partition under § 35-6-20, Code 1975. That section, in pertinent part, reads as follows: "The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property,…”
Barr v. Hagan, 322 F. Supp. 2d 1280 (M.D. Ala. 2004). “2 On March 15, 2004, the plaintiff filed a petition for division in the Circuit Court of Barbour County, Alabama, pursuant to 1975 Ala.Code § 35-6-20, which allows a court to “divide or partition, or sell for partition,” any property held by “joint owners or tenants in common.”
Holman v. Bane, 698 So. 2d 117 (Ala. 1997). “" Ala.Code 1975, § 35-6-20. In exercising these broad powers, the trial court made findings of fact based on conflicting testimony and other evidence.”
Brown v. Melton, 29 So. 3d 868 (Ala. 2009). “The judgment concerns a complaint the Melton heirs filed seeking the partition of real property pursuant to § 35-6-20, Ala.Code 1975; the Brown heirs and the Melton hems both own interests in the property.”
Jolly v. Knopf, 463 So. 2d 150 (Ala. 1985). “The prior statutory provisions, § 35-6-20, Ala. Code 1975, prevented the efforts of non-consenting interest holders in partition proceedings to preserve estates.”
Stewart v. AmSouth Mortg. Co., Inc., 679 So. 2d 247 (Ala. Civ. App. 1995). “See Ala.Code 1975, § 35-6-20. After a nonjury trial, the court denied the relief requested in the mother's complaint.”
Sockwell v. Hyde, 503 So. 2d 817 (Ala. 1986). “” Defendants contend that these two sections must be construed in pan mate-ria; and they argue that when the two sections are so construed, it is obvious that, since § 35-6-20, Code 1975, does not specifically provide that the property of a person of unsound mind can be…”
Cherry v. Mazzone, 568 So. 2d 799 (Ala. 1990). “of the issues presented, and the trial court’s resolution of those issues and explains the relationship of the parties, we set it out in full: “This cause coming on to be heard on the fourth amended complaint on file in *800 the above-styled cause, which complaint seeks a sale…”
Lawley v. Smith, 409 So. 2d 809 (Ala. 1982). “Ala.Code 1975, § 35-6-20, confers jurisdiction on the circuit courts to divide or partition or sell for division any property held by joint owners or tenants in common.”
Steadman v. Uptown Motors, Inc., 842 So. 2d 684 (Ala. Civ. App. 2002). “Pursuant to § 35-6-20, Ala.Code 1975, a joint owner of real property may seek to have property partitioned or sold for division.”
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