Section 35-6A-3

Section 35-6A-3Application and construction of chapter.

(a) This chapter applies to partition actions filed on or after January 1, 2015.



(b) In an action to partition real property under Chapter 6 of this title, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.



(c) This chapter supplements Chapter 6 of this title, and, if an action is governed by this chapter, replaces those provisions of Chapter 6, that are inconsistent with this chapter.



(d) This chapter does not supplant or otherwise change the provisions for fees as a part of the cost under Section 34-3-60.

(Act 2014-299, §3.)