Detailed Answer: How to force the sale of an inherited parcel under Alabama law

Short answer: If one co‑owner (an heir or beneficiary) refuses to list or sell an inherited parcel, a co‑owner can file a civil lawsuit for partition in Alabama. A partition action asks the court either to divide the property physically among the owners (partition in kind) or, if division is impractical or unfair, to order a sale and split the proceeds according to each person’s ownership share.

Why this applies to inherited property

When someone dies and title to real property passes to multiple heirs or beneficiaries (for example, under the decedent’s will or by intestacy), those people typically hold the property as co‑owners (commonly tenants in common). Any co‑owner can insist on partition if they want to end joint ownership. If the property remains in the decedent’s estate and probate is ongoing, the personal representative may be the proper party to defend the estate’s interest; otherwise heirs who hold title can bring the partition claim.

Legal basis in Alabama

Alabama law allows civil suits for partition of real property. See the Alabama Code for statutes governing partition actions. For general access to Alabama statutes, see the Alabama Legislature website: https://www.legislature.state.al.us/. (A typical statutory reference is Ala. Code §35‑6‑1 et seq., which addresses partition remedies; check the current code text on the official site or with an attorney.)

How a partition action typically works (step‑by‑step)

Try to resolve it without court: Offer a buyout, mediation, or sale through a realtor. Courts often expect parties to try settlement first because litigation costs reduce proceeds.
Prepare documentation: Gather the deed, probate or will documents, title information, mortgage statements, tax bills, and any agreements among heirs.
File a partition lawsuit: A co‑owner files in the circuit court where the land is located. The complaint names all co‑owners and any lienholders or persons with recorded interests.
Service and joinder: All owners and lienholders must be served and given a chance to appear. If the property is in a probate estate, the personal representative or administrator should be joined.
Discovery and valuation: Parties typically exchange information and obtain an appraisal or market valuation of the parcel.
Court determines type of partition: If the court finds physical division fair and practicable, it may order a partition in kind. More commonly for a single parcel (house and lot), the court will order sale if division would be impractical or inequitable.
Sale procedure: The court usually appoints a commissioner or referee to market and sell the property (sometimes at public auction or by private sale under court supervision). The sale proceeds are placed with the court, used to pay mortgages, liens, costs, and then distributed among owners according to ownership shares, with adjustments for debts, advances, taxes, and credited improvements.
Costs and credits: The court can allow credits or debits for mortgage payments, taxes, rent, or improvements that one co‑owner paid. The court also typically orders the losing party to pay some costs, but litigation expenses reduce net proceeds.

Common complications in Alabama and how courts address them

Title still in decedent’s name: If probate is pending, the personal representative may control sale authority. You may need to resolve probate questions or ask the court to join the personal representative.
Mortgage, liens, or unpaid taxes: Liens must usually be satisfied from sale proceeds. Mortgage holders may need to be named parties and may assert their rights to payoff.
Homestead or exempt property claims: Alabama has homestead protections and exemptions that can affect sale or distribution when a surviving spouse or minor children claim exemption. Confirm whether any homestead or family allowances apply before sale.
Disagreement about share or improvements: The court can order accounting and adjust shares for payments of debts, mortgages, taxes, or for improvements made by one co‑owner.

Practical timeline and costs

Partition actions vary in length. Simple, uncontested partitions may resolve in a few months. Contested cases with title or probate issues can take a year or more. Expect court filing fees, appraisal fees, commissioner fees, attorney fees, and other costs. Those costs are typically paid out of sale proceeds or assessed by the court.

What you can do right now

Collect deed, probate paperwork, mortgage statements, tax notices, and any written communications about the property.
Get a current market valuation (a broker’s comparative market analysis or a certified appraisal).
Propose a written buyout offer to the refusing co‑owner (include appraisal and repayment terms), or propose mediation.
If voluntary steps fail, consult an Alabama attorney about filing a partition action in the circuit court where the property sits.

When to involve an attorney

An attorney can:

Confirm who holds title and whether probate impacts the right to sue.
Prepare and file the partition complaint and handle joinder of all required parties and lienholders.
Manage discovery, valuation disputes, and court hearings.
Negotiate buyouts, settlements, or conduct court‑supervised sales to protect your financial interest.

Statutes and official resources

Relevant Alabama law is found in the Alabama Code on partition actions and related civil procedure. For access to the Alabama Code and official legislative resources, see the Alabama Legislature: https://www.legislature.state.al.us/. If probate is involved, contact the probate court in the county where the decedent lived or where the property is located; county probate court websites provide local rules and forms.

Disclaimer

This article explains general principles under Alabama law and is for educational purposes only. It does not constitute legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Alabama attorney.

Helpful Hints

Document everything: keep written records of offers, communications, and payments related to the property.
Get an independent appraisal before making or accepting any buyout offer.
Check title for liens and mortgages—these can affect how much you receive after sale.
Consider mediation early—courts often encourage settlement and mediation can be faster and cheaper than litigation.
If the property is rented, collect rent records and note any property‑management expenses for the accounting in court.
Ask whether a partition in kind is practical; for single‑lot residential parcels, courts often prefer sale when division would be impractical.
Be realistic about costs—legal and court costs will reduce net proceeds; weigh these against the value of forcing a sale.
Contact the county probate court if the decedent’s estate is open—probate status can affect who must be named in any partition suit.