Detailed answer
If you inherited an ownership interest in family land in Alabama and want a court to divide or sell the property so you can receive your share in cash, you would generally bring a civil action for partition in the appropriate Alabama court. A partition action asks the court either to divide the land among the co‑owners (partition in kind) or, if fair division is not feasible, to order a sale and divide the proceeds among the owners.
Who may file and where to file
Any person who holds an undivided ownership interest in real property — including heirs, devisees, joint tenants, tenants in common, or co‑owners — may file for partition. Partition claims are usually filed in the circuit court in the county where the property is located. The complaint must name all other persons who hold an interest in the property as defendants so the court can finally resolve ownership rights and distribute the property or sale proceeds.
Basic elements to include in the complaint
- Identification of the plaintiff and all known co‑owners (defendants).
- A clear legal description of the property (from the deed or title records).
- A statement of the type of interest each party holds (for example: one‑half interest as an heir).
- A request for relief: partition in kind or, if that is impractical, a sale and division of proceeds.
- A request for appointment of commissioners or a master to carry out the division or sale, and for an order directing how liens, mortgages, taxes, and costs should be paid from the proceeds.
Procedural steps after filing
- File the complaint and pay filing fees in the circuit court where the land is located.
- Serve process on all named parties and any unknown heirs or claimants whose identities are discoverable through a title search. If owners cannot be found, the court may permit service by publication.
- If someone answers and contests the requested remedy, the court schedules hearings or a trial to decide facts and legal rights.
- If the court orders partition in kind, it will appoint commissioners to make an actual division of the land. If the land cannot be equitably divided because of size, shape, or impracticality, the court will order a sale (public or private) and direct how sale proceeds will be distributed.
- The court’s order will address payment of mortgages, liens, taxes, and court costs before distributing net proceeds among owners according to their ownership shares.
Common practical issues in Alabama partition cases
Alabama courts prefer partition in kind when division is practical and fair. If subdivision would damage the land’s value or is not feasible, the court is likely to order a sale. The presence of liens, unpaid taxes, or mortgages will affect how distribution occurs. Also, the costs of sale and any credits for improvements or contributions by one co‑owner can affect final shares.
Relevant Alabama law and where to look
Partition is governed by Alabama statutes and court practice. To locate the specific statutory provisions and procedural rules, consult the Code of Alabama and local circuit court rules. The Alabama Legislature’s website is the official source for statute text: https://www.legislature.state.al.us/. For court forms, filing rules, and procedural details, consult the Alabama Judicial System: https://judicial.alabama.gov/.
Possible outcomes
- Partition in kind: the court divides the property and each owner receives a separate parcel.
- Partition by sale: the court orders public or private sale and divides the net proceeds among owners.
- Settlement: the parties reach an agreement before or during the case — for example, a buyout where one owner buys the other’s interest at an agreed price.
When to consult an attorney
Consider hiring a lawyer if any of the following apply: multiple unidentified heirs exist; there are liens, mortgages, estate administration issues, or disagreements about shares or improvements; the property has significant value; or a co‑owner objects. A lawyer can prepare pleadings, represent you at hearings, help locate and join missing parties, and negotiate buyouts or settlement agreements.
Disclaimer: This information explains general Alabama procedures and is educational only. It is not legal advice. For advice tailored to your situation, consult a licensed Alabama attorney.
Helpful hints
- Gather documents before filing: current deed(s), death certificate(s) for prior owner(s), probate paperwork, tax records, mortgage statements, and a recent title search or abstract.
- Confirm your ownership share by reviewing the deed and any wills or probate orders that transferred the property to you.
- Talk to the other co‑owners first. A negotiated buyout or voluntary sale avoids court costs and delays.
- Get a professional appraisal early if you expect the court to order a sale or if you plan to negotiate a buyout.
- Check for outstanding liens, taxes, or mortgages. Those will generally be paid before net proceeds are divided.
- Consider mediation. Many disputes settle through mediation faster and cheaper than litigation.
- Keep clear records of any money you’ve invested in the property (repairs, taxes paid, improvements). The court may consider credits for these contributions.
- If some heirs are unknown or out of state, you may need help locating them and serving process. An attorney or title professional can assist.