Proceedings in Personam.

Ala. Code tit. 6, ch. 6, art. 12, div. 1

in effect

Ala. Code § 6-6-540 Right of Action to Settle Title to Lands by Person in Peaceable Possession; Expedited Quiet Title Actions for Fraudulent Conveyances.

6-6-540. Right of Action to Settle Title to Lands by Person in Peaceable Possession; Expedited Quiet Title Actions for Fraudulent Conveyances. (a) When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his or her own right or as a personal representative or guardian, and his or her title or any part thereof is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of the title, claim, or encumbrance, the person or his or her personal representative or guardian in possession may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same. (b)(1) An expedited quiet title action against a parcel of real property may be maintained under this article based on a fraudulent title conveyance allegation. All actions to quiet title based on fraudulent title conveyance allegations must be brought in the circuit court where the real property is located which shall have equitable jurisdiction pursuant to Section 12-11-31. (2)a. A petitioner bringing an action to quiet title based on fraudulent title conveyance allegations is entitled to an expedited procedure. The court shall set the date, time, and place for a preliminary hearing on the petition no later than 30 days from service of the complaint. b. In an expedited action to quiet title under this section, when the court determines that an attempt was made to fraudulently convey the land at issue from a plaintiff who had legal title to the land before the conveyance, the court shall quiet title in and award the plaintiff with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance. (3) A petitioner may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located for an order to quiet title and expedite an action to invalidate a fraudulent instrument to one or more parcels of real property under this section. The petition shall identify each parcel by its legal description, tax parcel number, and street address, if available. (4) The Administrative Office of Courts shall provide a simplified form for the filing of a complaint to quiet title based on a fraudulent title conveyance allegation and instructions for completing the form. (Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T. 7, §1109; Act 2026-536, §4.)

Ala. Code § 6-6-541 Contents of Complaint.

6-6-541. Contents of Complaint. The complaint authorized by Section 6-6-540 must describe the lands with certainty, must allege the possession and ownership of the plaintiff and that the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance upon, such lands and must call upon him to set forth and specify his title, claim, interest, or encumbrance and how and by what instrument the same is derived and created. (Code 1896, §810; Code 1907, §5444; Code 1923, §9906; Code 1940, T. 7, §1110.)

Ala. Code § 6-6-542 Contents of Answer.

6-6-542. Contents of Answer. If the defendant shall answer claiming any estate, interest in, or encumbrance upon the lands, he must, in his answer, specify and set forth the title, claim, interest, or encumbrance so claimed and, if not claimed in or upon the whole of such lands, he must specify and describe with sufficient certainty the part in, or upon which, the same is claimed and the manner in which, and the sources through which, such title, claim, interest, or encumbrance is claimed to be derived and created. (Code 1896, §811; Code 1907, §5445; Code 1923, §9907; Code 1940, T. 7, §1111.)

Ala. Code § 6-6-543 Trial by Jury or Determination by Court; Entry and Effect of Judgment.

6-6-543. Trial by Jury or Determination by Court; Entry and Effect of Judgment. Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or any specified issue of fact presented by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof; and when a trial by jury is not requested, or as to the facts for which the same is not requested, the court shall consider and determine any title, claim, interest, or encumbrance. The court shall, upon the finding of the jury or upon such consideration and determination, finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or encumbrance is and in or upon what part of the lands the same exists; and such judgment is binding and conclusive upon all the parties to the action. (Code 1896, §812; Code 1907, §5446; Code 1923, §9908; Code 1940, T. 7, §1112.)

Ala. Code § 6-6-544 Filing of Judgment.

6-6-544. Filing of Judgment. Within 30 days after a judgment entered under this division becomes final, with no possibility of post-trial motions or appellate review the prevailing party shall file a certified copy of the judgment for record in the probate court of the county in which the land lies and assume the expense thereof as part of the cost of the case. The judge of probate shall record the judgment in the same book and manner in which deeds are recorded and index the names of defendants or parties against whom the relief is granted in the direct index and the names of the plaintiffs or parties quieted in possession of the land in the reverse index. (Code 1907, §5447; Code 1923, §9909; Code 1940, T. 7, §1113; Act 2023-520, §1.)

Ala. Code § 6-6-545 Costs.

6-6-545. Costs. (a) No judgment for costs shall be had under this division against a defendant against whom a plaintiff receives a default judgment or who, in his or her answer, disclaims all title to, interest in, or encumbrance on the lands. The court, in those cases and without further proof, shall adjudge that the defendant has no estate or interest in or encumbrance on such lands or any part thereof. Any defendant who, by answer under oath, denies that he or she claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in or upon such lands, or any part of the lands, shall be entitled to recover his or her costs in the action. (b) In any case where the court finds that the defendant fraudulently created or caused to be created the instrument that is sought to be cancelled, the plaintiff shall be entitled to recover all costs, including reasonable attorney fees, incurred in bringing the action to cancel the instrument. (Code 1896, §813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114; Act 2026-536, §4.)

Ala. Code § 6-6-546 Commencement of Action by State.

6-6-546. Commencement of Action by State. The state may commence an action under the provisions of this division to quiet the title to any lands belonging to the state, any school lands or any lands belonging to any educational or charitable institution which is wholly or partially supported by the state, whether the state or owner of the legal title to such lands is in possession thereof or not. (Code 1907, §5449; Code 1923, §9911; Code 1940, T. 7, §1115.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026