Detailed Answer
In Alabama, when heirs inherit real estate together, each heir holds an undivided interest as tenants in common. If co-owners cannot agree on keeping or managing the property, any one co-owner may file a partition action in the circuit court to force a division or sale of the land.
Under Alabama Code § 6-6-490 et seq., the court first examines whether it can fairly divide the parcel “in kind.” If an in-kind division would be impractical or inequitable, the court orders a partition by sale. See Alabama Code § 6-6-498.
Key steps in a partition action:
- File a complaint in the county’s circuit court listing all co-owners and their interests.
- Serve each co-owner with the complaint and summons.
- Request the court appoint a commissioner or referee to survey and appraise the property.
- Ask the court to divide the land among co-owners or, if division is not feasible, to order a public sale.
- After sale, the court deducts expenses and distributes net proceeds according to each owner’s share.
For example, if three siblings inherit a vacation cabin and two want to sell while one wants to keep it, either sibling can file the partition action. If the cabin cannot be split into separate lots, the court will sell the cabin at auction and divide proceeds in proportion to each sibling’s ownership percentage.
Helpful Hints
- Gather documentation: deed, will or trust, and proof of inheritance.
- Obtain a professional appraisal to establish fair market value.
- Consult a local real estate attorney to draft and file the complaint.
- Consider mediation or negotiation before filing to save time and cost.
- Be prepared for court-appointed fees, appraiser costs, and legal expenses.
- Keep detailed records of all filings and communications with co-owners.
Disclaimer: This article explains Alabama law in general terms. It does not constitute legal advice. Consult a licensed attorney in Alabama for guidance on your specific situation.