Can I stop a co-tenant from forcing the sale of our inherited Alabama home?

Short answer: In Alabama, any co-tenant (including a co-owner who inherited the property) can file a partition action asking a court to divide or sell property owned jointly. You can defend the action and sometimes prevent or delay a forced sale by asserting equitable defenses, asking the court for a partition in kind or a buyout, seeking a temporary injunction, or proving the sale would be inequitable. This article explains how partition works in Alabama, what defenses and options you have, what evidence to gather, and practical steps to try to keep the home.

Detailed answer — how partition actions work in Alabama and how to defend

What is a partition action? A partition action is a lawsuit one co-owner files to divide property held in common when co-owners cannot agree. A court can divide the land physically (partition in kind) when practical or order a sale and divide the proceeds among co-owners. If the property has mortgages or liens, the sale proceeds are used to satisfy them first.

Who can bring it? Any person with an ownership interest in real property may file for partition. That includes co-tenants, tenants in common, and sometimes persons claiming adverse interests. If the property title was transferred by inheritance, the heirs or devisees who hold title may be co-owners and can file.

How to defend initially — procedural steps

Read the complaint and summons carefully and note the deadline to answer. In Alabama civil practice you must timely respond or risk default. (If the plaintiff used an Alabama court form or local rules, confirm the reply deadline on the summons.)
File a written answer. The answer should deny any untrue allegations and state any affirmative defenses you intend to raise (e.g., equitable estoppel, laches, homestead or probate-related objections) and any counterclaims (for example, a counterclaim requesting a partition in kind or asking the court to value and order a buyout rather than a sale).
Consider an immediate motion for a temporary injunction if a sale is imminent and you can show irreparable harm (for example, loss of a family home) and a probability of success on the merits. The injunction can delay sale while the court resolves issues.

Common defenses and legal arguments

Equitable factors: Ask the court to consider fairness — if one co-owner paid most of the purchase price, made most mortgage payments, paid taxes/insurance, or made significant improvements, the court may give credit or prefer partition in kind or a buyout rather than sale.
Partition in kind vs. sale: If the property can be physically divided without substantial prejudice to owners (rare with a single-family home on one lot), ask for partition in kind. More commonly, ask for a forced buyout: you propose to purchase the other owner’s share at a judicial appraisal value.
Probate or title issues: If ownership is still in probate or the estate has unresolved issues, you can argue the partition action is premature until the probate court determines ownership or an administrator/distributor acts.
Homestead or family protections: Inherited homes sometimes implicate homestead or family allowance rights. If applicable, raise those rights to delay or alter a sale outcome. (Local probate law can affect these rights.)
Laches or unclean hands: If a co-owner waited years to bring the claim while contributing nothing or acted unfairly, you may assert equitable defenses such as laches or that the plaintiff acted in bad faith.

Evidence and documents to gather

Deeds and title history showing who owns what share.
Probate documents if the property passed through an estate (will, letters testamentary/letters of administration, estate inventory).
Mortgage statements and proof of who paid the loan, property taxes, homeowner’s insurance, utilities, and maintenance expenses.
Receipts and contracts for major improvements or repairs and evidence of contributions of labor or materials.
Tax returns or bank records showing payments toward the property.

Practical options to try to keep the home

Buyout: Offer to buy the other co-owner’s share either privately or at a court-ordered appraisal price. You may need to refinance or find a lender willing to fund a buyout.
Settlement and mediation: Courts often encourage settlement. Propose mediation to divide ownership, payments, or a timeline for sale that gives you time to refinance or buy out.
Raise equitable credits: Document payments you made toward mortgage, taxes, insurance, and improvements and ask the court to credit you to reduce the buyout price or your share of costs.
Delay strategically: If you can show probate or title issues or legitimate equitable defenses, you may obtain time to arrange financing or negotiate.

What the court can order

Partition in kind (division of the land) when feasible.
Sale of the property and distribution of net proceeds, after paying mortgages, liens, and sale costs.
Appointment of a commissioner or master to supervise sale and distribution.
Credits for payments made by one co-owner toward mortgage, taxes, insurance, or improvements.
Costs and, in some cases, attorney’s fees if the court finds bad faith or other statutory grounds.

Alabama law resources

Alabama’s statutes and court rules govern civil cases, including partition procedures, remedies, and probate interactions. You can review the Code of Alabama and search for partition, probate, and real property provisions at the Alabama Legislature website: https://www.legislature.state.al.us/. For local practice and deadlines, check the rules and forms of the county circuit court where the property lies.

How to proceed now — a step-by-step checklist

Immediately read the complaint and note deadlines; file an answer by the deadline.
Gather deeds, probate records, mortgage statements, tax records, insurance, receipts for improvements, and any communications with the co-tenant.
Contact an attorney experienced in Alabama partition, probate, or real estate litigation to evaluate defenses and options (mediation, buyout, injunction).
Consider making a written buyout offer or proposing mediation to avoid a sale and litigation costs.
If a sale is scheduled, ask your attorney about emergency motions (temporary restraining order or preliminary injunction) to delay sale and preserve status quo.

Helpful Hints

Respond fast: Missing a response deadline can lead to default and loss of rights.
Document contributions: Keep organized records of all money and labor you put into the property; courts credit these contributions.
Explore refinancing early: If you want to buy out your co-owner, contact lenders early to see what you can qualify for.
Try mediation: Mediation often resolves partition disputes faster and cheaper than litigation and can preserve the family home.
Check probate status: If title is still in an estate, resolve probate issues first — a partition action may be premature until ownership is clear.
Be realistic about costs: Even if you keep the home, litigation costs, sale costs, and possible credits can affect your net outcome.

Where to get help

Contact a licensed Alabama attorney who handles partition, real property litigation, and probate matters. If cost is a concern, check local legal aid organizations or the Alabama State Bar referral services for low-cost or sliding-scale help.

Disclaimer: This article explains general principles about defending a partition action in Alabama. It is for educational purposes only and is not legal advice. For guidance about your specific situation, consult a licensed Alabama attorney.