How partition actions work and how to force a sale of shared property in Alabama

Quick overview: If you co-own real property in Alabama and the co-owners cannot agree on keeping or buying out interests, you can ask a court to partition the property — either by dividing it (partition in kind) or by selling it and dividing the proceeds (partition by sale). When a physical division is impractical or unfair, the court can order a sale even if other co-owners refuse to make buyout offers. This article explains the steps, what the court considers, the likely timeline and costs, and practical tips to prepare.

Detailed answer

1. Legal basis: where partition actions come from in Alabama

Partition actions are governed by the Code of Alabama. See the statutory provisions on partition (Code of Ala. Title 6, Chapter 6). You can review the Alabama Code on the Alabama Legislature website: Code of Alabama (Alabama Legislature). In practice, most partition cases are filed in the circuit court in the county where the real property sits.

2. Who can file and how to start

Any person who owns an undivided interest in real property (co-owner, tenant in common, etc.) may file a petition for partition. To start the process you must:

File a petition for partition in the appropriate Alabama circuit court naming all co-owners and any lienholders or parties with an interest in the property.
State whether you seek partition in kind (division of the land) or partition by sale, and explain why sale is necessary if you ask for sale.
Include a legal description of the property and attach any key documents (deed, title report, mortgage, tax bills).

3. Court procedures and how a sale gets ordered

After the petition is filed and served, the court will consider whether the property can be fairly divided. Key steps include:

The court may appoint commissioners or a master to examine the property and report whether it can be divided without prejudice to any owner.
If a division in kind is impractical, would significantly reduce value, or is inequitable given the owners’ interests, the court can order a partition by sale and require the property be sold.
The sale may be a public auction (often conducted by the sheriff or other court-appointed officer) or a private sale ordered by the court. The court will supervise the sale process to protect all parties.

In short: co-owners cannot block a forced sale simply by refusing to make buyout offers. If the court finds a sale is the fair remedy, it will order one over objections.

4. What the court considers when deciding sale vs. division

Circuit courts focus on fairness and practicality. Typical considerations:

Can the land be physically divided into portions of reasonably equal value?
Would division significantly reduce the overall value or utility of the property?
Do co-owners hold unequal interests (different percentage shares) that make an in-kind split difficult?
Do liens, mortgages, easements, or unique characteristics prevent fair division?

5. Sale process and distribution of proceeds

Once the court orders a sale the typical sequence is:

An appraisal or market valuation may be ordered.
The court will direct how the sale is to be conducted (public auction or private sale) and may set minimum bids or reserve prices.
Sale proceeds are applied first to satisfy liens, mortgages, and sale expenses (advertising, commissions, court costs). Remaining proceeds are distributed to co-owners according to their ownership shares after any credits or charges (e.g., one co-owner paid mortgage or taxes and seeks credit).

6. Liens, mortgages, creditors and third-party interests

Any recorded mortgage or lien attaches to the property and must be addressed in the partition. Common outcomes:

A sale will generally be subject to outstanding mortgages, meaning proceeds first pay mortgage debt or the mortgage holder may foreclose before distribution.
Unpaid taxes and other liens are paid from sale proceeds before co-owners receive their shares.
Creditors or lienholders named in the petition should receive notice. The court cannot distribute net proceeds until these claims are resolved.

7. Credits, charges and contributions among co-owners

Courts may award credits or charge co-owners for unequal contributions. For example, a co-owner who paid the mortgage, taxes, or major repairs may seek reimbursement or an offset from the sale proceeds. Document payment records (cancelled checks, bank statements, invoices) to support any claim for contribution or credit.

8. Practical timeline and costs

Timing varies with complexity. Typical timeline:

Filing through initial hearing: several weeks to a few months.
Fact finding, appraisals and commissioner reports: 1–6 months depending on scheduling.
If sale ordered: auction or sale process could take 1–3 months more.
Overall simple partition: a few months; complex disputes and appeals: a year or more.

Costs include court filing fees, service fees, appraisals, title work, commissions for sale, and attorneys’ fees. Alabama courts sometimes award costs or attorney fees under certain circumstances or contract, but fee awards are not automatic; discuss this with counsel.

9. Evidence and documents you should prepare

To make a strong partition petition you should assemble:

Deed(s) showing ownership and percentage shares.
Title report or abstract and list of lienholders/mortgage holders.
Tax records, mortgage statements, proof of payments (if seeking credits).
Appraisals, maps, and photographs of the property.
Communications with co-owners about buyouts (emails, letters) showing attempts to resolve informally.

10. What to expect if co-owners refuse a buyout offer

If you make a written buyout offer and the co-owners decline or ignore it, filing a partition petition is the usual next step. The court will not force a co-owner to buy you out unless the court orders sale and the buyer at the sale is a third party or a co-owner chooses to purchase at the court-ordered sale. Refusal to negotiate typically strengthens the moving party’s position that equitable relief (a sale) is necessary.

11. Appeals and finality

Parties may appeal partition rulings, but appeals add time and cost. Once the sale is confirmed and proceeds distributed, the partition is generally final subject to any successful appeal or challenge to the sale process.

Helpful Hints

Try negotiation first. Courts often favor parties who tried to resolve the dispute before asking the court to sell the property.
Document everything: any payments you made for mortgage, taxes, repairs, and written attempts to buy out or to be bought out.
Get a current market appraisal early so the court and parties have a realistic valuation.
Identify and notify all lienholders and mortgagees—failure to name them can delay or complicate the sale.
Expect the court to require sale procedures that protect buyer and seller — this can reduce the risk of a low-ball sale.
Be prepared for costs: sometimes the net proceeds after liens and expenses are less than expected.
Ask the court for an accounting and allow credits for documented contributions to avoid disputes over distribution.
If a co-owner wants to buy the property, a typical approach is to submit a verified offer to the court so the court can consider it along with other bids at sale.

Next steps: If you are ready to move forward, gather your ownership documents, get a market valuation, and contact a local Alabama civil litigation or real estate attorney (or a lawyer who handles partition actions) to prepare and file the petition and represent you at hearings.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It explains general principles of Alabama partition law but is not a substitute for advice about your specific situation. Consult a licensed Alabama attorney before taking legal action.