Detailed Answer — What you need to know and the usual steps

If you and several relatives own a single parcel, and you want the property divided or sold, the usual route in Alabama is a court action called a partition. A partition action lets the court physically divide land (partition in kind) or order a sale and divide the sale proceeds among owners (partition by sale). Any co-owner may file for partition; you do not need permission from the other owners to start the process.

1. Confirm how the group holds title

Check the deed and title records. Most family-owned parcels are held as tenants in common. In Alabama, a tenant in common can file to partition the property. If title says “joint tenancy with right of survivorship,” the result and available remedies may differ. If ownership interests passed by inheritance, you may be dealing with heirs rather than original grantees.

2. Try to resolve the dispute without court

Before filing, try negotiation: propose a buyout, divide the parcel by agreement, or sell the property cooperatively. Mediation or a neutral valuation (appraisal) often yields solutions cheaper and faster than court. If family dynamics make agreement unlikely, court is a predictable next step.

3. Filing a partition action in Alabama

A co-owner files a complaint for partition in the appropriate county circuit court. The complaint names all co-owners and explains ownership shares and the requested relief (partition in kind or sale). Alabama courts will generally prefer partition in kind when a fair division is feasible and will order sale when physical division is impractical or inequitable.

4. Court procedures and possible outcomes

• Service and joinder: All owners must be notified. Minors or legally incapacitated owners require a guardian ad litem or court-appointed representative.
• Survey and appraisal: The court often orders a survey and one or more appraisals to determine whether the land can be divided fairly or whether sale makes more sense.
• Partition in kind: The judge may divide the parcel into physically separate lots, allocating each lot according to owners’ shares. Courts balance practicality and equity; exact equal acreage is not always required if values differ.
• Partition by sale: If division would unfairly harm value or is impossible, the court orders the property sold (usually at public auction). After sale, the court will pay liens, mortgages, and costs, and distribute net proceeds according to ownership shares.
• Appointment of a commissioner: The court often appoints a commissioner or special master to manage surveying, marketing, sale, and distribution of proceeds.

5. Costs, timeline, and practical considerations

Partition actions take several months to over a year depending on disputes, required surveys, title issues, and appeals. Expect court costs, survey and appraisal fees, attorney fees, and sale expenses. If the property has mortgages, liens, or tax delinquencies, the court usually pays those out of sale proceeds before distributing net funds.

6. Issues specific to children and heirs

If some co-owners are the children or heirs of a deceased owner, their interests are legal interests that the court must protect. Minors need representation (guardian ad litem). If some interests are in probate estates, you may need to coordinate partition with the probate court or resolve estate issues first.

7. Additional legal and tax consequences

A forced sale can trigger capital gains tax for sellers. Also consider local zoning and land-use restrictions that affect subdividing the parcel. If owners hold unequal contributions or improvements, the court may account for them in distribution.

8. Where to find Alabama statutes and court resources

Alabama’s statutory code and court resources explain procedures and filing rules. For the statutes and a starting place for research, see the Alabama Code and Alabama Judicial System websites:

• Alabama Code (Code of Alabama): https://www.legislature.state.al.us/alacode/
• Alabama Judicial System (court information and forms): https://judicial.alabama.gov/

9. When to hire an Alabama attorney

Hire an attorney when ownership is unclear, when some co-owners resist, when minors or incapacitated people are involved, when substantial liens or tax issues exist, or when you want to pursue or defend a partition through court. An attorney can file the complaint, handle service and discovery, obtain appraisals/surveys, advocate for in-kind division or sale terms, and manage distribution details.

Helpful Hints

• Start by pulling the deed and a current title report to confirm ownership shares.
• Get a current appraisal and a land survey before filing; these support your proposal for division or show that sale is necessary.
• Attempt mediation or a buyout offer first—court is expensive and can worsen family relationships.
• If some owners are minors or under guardianship, involve a probate attorney early to arrange proper representation.
• Identify any mortgages, liens, unpaid taxes, or environmental problems—these affect net proceeds and saleability.
• Consider the costs of partition vs. the property value. Small parcels sometimes are cheaper to sell jointly than to litigate division.
• Keep records of contributions (improvements, payments) if you expect the court to credit unequal investments.
• Ask whether developers or outside buyers could buy the entire parcel—sometimes a sale to a third party yields more value than subdivision.
• Consult a local real estate or probate attorney for personalized advice and to file a partition complaint in the correct county court.