Code of Alabama
Ala. Code § 6-10-123 (2026)
Enforcement in Action.
✓ official Alabama Legislature (ALISON) text, current July 2026
In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must be averred in the complaint or petition and by appropriate pleading may be controverted. If such averment is sustained, the fact of waiver and its extent must be declared in the judgment and endorsed on the execution or other process issued thereon. Such waiver shall extend to the costs of the action.
(Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907, §4234; Code 1923, §7963; Code 1940, T. 7, §709.)
Notes of Decisions
Cited in 3
cases, 1986–2015 · leading case: Pierce v. Grant, 652 So. 2d 284 (Ala. Civ. App. 1994).
Pierce v. Grant, 652 So. 2d 284 (Ala. Civ. App. 1994). “Pierce contends that the conditional nature of the averment of the waiver of exemption contained in the complaint was not sufficient to comply with the requirements of Ala.Code 1975, § 6-10-123. Grant argues that the averment in his complaint was sufficient to comply with the…”
Smith v. Avco Fin. Servs. of Alabama, Inc., 500 So. 2d 1135 (Ala. Civ. App. 1986). “Smith failed to file any counteraffidavits, and his answer did not raise any particular issue relating to the waiver of exemptions.”
Steinfurth v. Ski Lodge Apts., LLC, 179 So. 3d 106 (Ala. 2015). “”) (hereinafter collectively referred to as “the guarantors”) appeal from the denial by the Montgomery Circuit Court of their postjudgment motion requesting that a judgment entered against them and in favor of Ski Lodge Apartments, LLC (“Ski Lodge”), be amended insofar as the…”
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