Quick answer

If a co-owner refuses to continue mediation, the usual next step in Alabama is to file a civil action for partition in the Circuit Court where the property lies. A partition action asks the court to either divide the property among the owners (partition in kind) or sell the property and divide the proceeds (partition by sale). The court will decide which remedy is fair and practicable, may appoint a commissioner to handle a sale, and will distribute net proceeds after liens, taxes, and costs.

Detailed answer — how the process works under Alabama law

1. Confirm ownership and try a final written demand

Start by documenting ownership. Collect the deed, title documents, mortgages, and proof of any payments or expenditures related to the property. Send a clear written demand to the co-owner(s) asking them either to agree to sell or to accept a buyout. A written demand shows you tried to resolve the matter before going to court and can be useful later in the case.

2. File a partition action in the proper court

If the co-owner declines or ignores the demand, you can file a complaint for partition in the Circuit Court of the county where the real property is located. In the complaint you will typically say:

• Who the owners/parties are and their ownership interests;
• A description of the property; and
• That you request a partition — either in kind or, if division is impracticable, a sale and division of proceeds.

The court will serve the co-owner(s), and they will have a chance to respond.

3. Partition in kind vs. partition by sale

The court prefers to divide property in kind when it can be done fairly — for example, physically dividing a larger tract of raw land. For many residential properties, dividing the parcel is impractical. When division in kind is impracticable or would cause unfairness, the court orders a sale and distributes the proceeds among the owners according to their interests.

4. Appointment of commissioners or a sale process

Alabama courts commonly appoint a commissioner, master, or referee to conduct valuation, oversee a sale, and report back to the court. The sale may be by auction or private sale under court supervision. The court will approve the sale terms, confirm the sale, and then order distribution of proceeds after paying liens, property taxes, court costs, and other expenses.

5. Liens, mortgages, and priority

If the property has a mortgage or other liens, those claims are paid from sale proceeds in the order of their legal priority. Co-owners who have advanced funds or made mortgage payments may be entitled to an accounting and reimbursement before proceeds are divided.

6. Potential outcomes and enforcement

Possible outcomes include: the property is physically divided; one co-owner buys out the other(s); the court orders a sale and divides net proceeds; or the court imposes an accounting and awards costs or fees. If a party refuses to comply with court orders (for example, to transfer title after a court-approved sale), the court can enter orders enforcing the sale and directing the county probate or sheriff’s office to complete transfers.

7. Costs, timing, and attorney involvement

Partition actions involve filing fees, possible appraisal costs, commissioner fees, and attorneys’ fees. The timeline varies: simple cases might take a few months; contested matters can take much longer. Courts sometimes award costs or attorney fees against a party who acted unreasonably, but that is discretionary.

8. Practical considerations and alternatives

Before filing suit consider alternatives that may save time and money: a buyout negotiation, a structured buyout (installment payments), voluntary sale with agreed terms, or using a neutral mediator the court recognizes. Even if a co-owner declines mediation now, a well-worded mediation demand or settlement offer can later support a request for costs or fees.

Where to read the law and find local rules

Alabama’s official legislative site and the state judiciary provide statutory text and court procedures. For broad reference to the Alabama Code and to search for partition-related statutes, use the Alabama Legislature’s code site: https://alisondb.legislature.state.al.us/acas/. For information about filing in circuit court and court locations visit the Alabama Judicial System: https://judicial.alabama.gov/.

Helpful hints

• Document ownership: keep a complete folder of the deed, title search, mortgage statements, tax bills, insurance, and receipts for improvements and payments.
• Make a written demand before filing: show you tried to resolve the dispute without court.
• Know the county: file in the Circuit Court in the county where the property is located; the county clerk or the circuit court clerk’s office can explain local filing steps.
• Expect appraisal: the court or parties will often require appraisals to set fair value before sale or division.
• Consider a buyout: if you can obtain financing, buying out the co-owner is often faster and less expensive than a court-ordered sale.
• Watch liens and taxes: unpaid taxes and mortgages will reduce sale proceeds; determine priority early.
• Get professional help: an attorney can prepare pleadings, advise on strategy, and represent you at hearings. If cost is a concern, ask attorneys about unbundled services or limited-scope representation for parts of the case.
• Keep records of offers and refusals: these help the court assess reasonableness and may affect fee awards.

Example (hypothetical)

Alice and Ben own a house as 50/50 tenants in common. Ben refuses mediation and will not sign an agreement to sell. Alice sends a written demand asking Ben to accept a buyout; Ben refuses. Alice files a partition action in the county circuit court. The court finds division in kind impracticable and appoints a commissioner to arrange a supervised sale. After the sale, the court orders mortgage and tax liens paid and divides the remaining proceeds 50/50.