What is a partition action under Alabama law?

A partition action is a civil lawsuit asking the court to divide real property among co-owners or to sell the property and divide the proceeds. In Alabama, partition procedures and the court’s powers are set out in the state’s partition statutes. See generally Ala. Code Tit. 35, Ch. 6 (Partition). For statutory language and details, consult the Code of Alabama: Alabama Code (search Title 35, Chapter 6).

Who can file a partition action?

Any person who has an ownership interest in the property (an estate, tenancy in common, or other undivided share) may file a partition complaint in the circuit court of the county where the property is located. That includes co-owners who received title from parents by deed, or who are named as co-tenants in the deed. If the property is still owned by the parents but you claim an ownership interest (for example, via an unrecorded agreement or equitable interest), the facts are more complex—seek legal advice.

Typical steps in an Alabama partition action

1. Prepare the complaint. The plaintiff files a complaint for partition in the circuit court where the property lies. The complaint names all co-owners and any recorded lienholders or parties with claims against the property.
2. Serve all parties. All co-owners, mortgagees, lienholders, and anyone with an interest must be served with the complaint. If any party is outside Alabama or unknown, the court sets appropriate service under Alabama procedure.
3. Court issues notice and sets procedure. The court reviews the pleadings and enters orders setting deadlines and scheduling any hearing. Pretrial discovery may follow if there are disputes about ownership, boundary, or liens.
4. Court determines whether partition in kind is practical. Alabama courts prefer partition in kind (physically dividing land) when it is feasible without unfairness. If the property cannot be fairly divided—common with single-family homes—the court will usually order a sale.
5. Appointment of commissioners or appraisers. The court may appoint commissioners or a referee to value the property, locate boundaries, or carry out a division. See the partition statutes for court powers.
6. Order for sale and sale procedure. If the court orders a sale, it will typically direct a public sale (private sale in limited circumstances), set sale terms, and direct how proceeds and costs are distributed. Liens and mortgages are paid from sale proceeds before distributing net proceeds to owners in proportion to their interests.
7. Right to buy out. Prior to sale, co-owners can agree that one owner buys the others’ interests. A court can also facilitate a buyout: a co-owner may ask the court to determine the fair value and allow the owner to pay other owners their shares in money instead of selling the property. Courts may set terms for the buyout (timing, payment security).
8. Final accounting and distribution. After sale or division, the court approves an accounting, pays costs and liens, and distributes the remaining funds according to ownership shares.

Practical requirements and common issues

Below are practical matters you will encounter in most Alabama partition cases:

• Proof of ownership: The court will rely on recorded deeds, title records, and any written agreements showing each party’s share.
• Mortgages and liens: Mortgages remain attached to the property and are paid from sale proceeds. A lienholder must be joined or given notice.
• Occupancy, rents, and repairs: If one co-owner lives in the property, the court may order that co-owner to account for rents or pay a fair share of expenses. The court can order a sale regardless of occupancy.
• Costs and attorney’s fees: The court may order costs allocated among owners. Attorneys’ fees are not automatically awarded unless a statute or contract allows them or the court finds special circumstances.
• Probate vs. partition: If the house is still in your parents’ name and they are deceased, the property may first move through probate. Heirs often become co-owners by operation of probate distribution; once they hold title, a partition action is possible. If the estate has not been administered, consult a probate attorney first.

How a buyout usually works

If you prefer to keep the house, propose a buyout to your sibling(s):

1. Obtain a current market valuation or appraisal.
2. Calculate each co-owner’s share based on ownership percentages or contribution.
3. Negotiate terms (price, payment schedule, security). Consider offering a mortgage or promissory note to the selling co-owner(s).
4. If negotiation fails, include a request in your partition complaint asking the court to allow a buyout instead of sale. The court can set the method for valuing and paying out the other owners.

Be prepared: courts will require a reliable way to ensure sales proceeds or buyout payments are made—escrow, bonds, or court supervision may be used.

Estimated timeline and costs

There’s no fixed timeline. An uncontested partition may resolve in a few months; contested cases with complex title or disputes can take a year or more. Costs include court filing fees, process service, appraisal and commissioner fees, title searches, and attorney fees. If the property must be sold, sale costs and broker fees reduce net proceeds.

Alternatives to a partition lawsuit

• Negotiate a buyout: Direct negotiation often saves time and money.
• Mediation: A mediator can help co-owners reach a buyout or sale agreement without a court battle.
• Family agreements: Draft a written agreement allocating use, expenses, or buyout terms to avoid litigation.
• Refinance: One co-owner may refinance in their name and pay others off; lenders require clear title and creditworthiness.

How to prepare before filing

• Gather title documents: deed, mortgage records, and title insurance if any.
• Identify all co-owners and potential lienholders.
• Obtain a recent appraisal or market analysis.
• Collect evidence of contributions (payments toward mortgage, taxes, repairs) if you will claim inequitable contribution.
• Consider a consultation with a probate or real property attorney experienced in Alabama partition law.

Where to file and who handles the case

Partition cases are typically filed in the circuit court in the county where the property is located. If the property is in an executor’s or administrator’s estate, there may be related probate proceedings. If you are unsure where to file, consult the clerk of the circuit court in the county where the house sits or speak with a local attorney.

Key Alabama statutory reference

Alabama’s partition provisions are found in the Code of Alabama. See Title 35, Chapter 6 (Partition). For the exact statutory language and procedural rules, refer to the Code of Alabama through the Alabama Legislature website: https://www.legislature.state.al.us (search Title 35, Chapter 6).

Helpful Hints

• Communicate early with co-owners; a negotiated buyout can save a lot of time and money.
• Get a professional appraisal before serious negotiations or litigation.
• If the property is mortgaged, confirm how a sale or buyout will handle the mortgage principal and payoff.
• Document all payments you made toward the property—mortgage, taxes, insurance, repairs—to support claims for contribution or credit.
• Consider mediation if emotions run high; a neutral mediator can help preserve family relationships while resolving property division.
• Ask the court to appoint a referee or commissioner if boundary or valuation questions are technical.
• Be realistic about timing—litigation can be slow. Prepare for months of process if contested.