Disclaimer: This is not legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
When a co-owner files a partition action in Alabama, the court holds an initial hearing to decide whether to divide the property in kind or order a sale, and to appoint a commissioner to manage the process. First, the judge confirms that all interested parties—co-owners, lienholders, and any record claimants—received proper notice under Ala. Code § 35-4-1.
Next, the court evaluates feasibility under Ala. Code § 35-4-2. If dividing the land physically would result in unequal parcels, hardship, or impractical boundaries, the judge orders a sale of the entire property rather than partition in kind.
Once the sale remedy is chosen, the judge appoints a commissioner under Ala. Code § 35-4-3. A commissioner is typically an impartial professional—often a real estate broker or attorney—with no personal interest in the property. At the initial hearing, the court specifies the commissioner’s authority, including:
- Setting a minimum bid or reserve price.
- Establishing the timeline for publishing public notice of sale.
- Outlining bidding procedures and forms of acceptable payment.
- Requiring the commissioner to file a report of sale with the court by a set deadline (commonly 10–30 days post-sale).
Co-owners may object to proposed sale terms or challenge the choice of commissioner at this hearing. The judge hears any objections and may adjust orders accordingly. After the hearing, the court issues a sale order detailing all deadlines, publication requirements, and instructions for transferring proceeds. The commissioner then carries out the sale, reports results to the court, and the court confirms the sale before distributing net proceeds among co-owners and lienholders.
Helpful Hints
- Collect all deeds, mortgages, and lien documentation before the hearing.
- Confirm that notices mailed to co-owners and lienholders comply with Ala. Code § 35-4-1.
- Review Ala. Code § 35-4-2 and § 35-4-3 for procedural details.
- Propose a list of qualified, disinterested individuals as potential commissioners.
- Prepare questions about sale timing, minimum bids, and distribution of proceeds.
- Attend the hearing to protect your rights and raise any necessary objections.
- Keep copies of all court orders and notices issued by the commissioner.