Detailed Answer
Under Alabama law, when co-owners cannot agree on the disposition of jointly inherited real property, any co-tenant may file a partition action in the circuit court where the land is located. A partition action forces either a physical division of the property (partition in kind) or a sale with distribution of net proceeds among co-owners. See Ala. Code § 35-2-1.
First, the court evaluates whether an in-kind partition is practicable. If dividing the parcel would substantially impair value or be physically impossible, the court orders a partition by sale. The sale typically occurs at public auction or by a special commissioner. After sale, the clerk distributes net proceeds to each co-owner according to their ownership share, adjusted for any court-ordered credits for advances or improvements. See Ala. Code § 35-2-29.
To initiate, the co-owner (plaintiff) files a complaint naming all other co-owners as defendants. The court issues summons to each defendant, sets a schedule for responses, and may appoint commissioners or a referee to appraise and oversee the sale. In its final decree, the court specifies whether the property will be partitioned in kind or sold. Alabama law also permits the court to grant a lien or credit to a co-owner who made necessary improvements or paid mortgages on the property. See Ala. Code § 35-2-21.
Helpful Hints
- Consult an attorney early to review title history and assess partition options.
- Obtain a certified appraisal to establish fair market value before filing.
- Consider mediation or buyout negotiations to avoid court costs and delays.
- Gather all deeds, wills, and estate documents to clarify ownership interests.
- Review outstanding liens, mortgages, or taxes; the court will account for these at sale.
- Expect the process to take several months; budget for filing fees and commission fees.
- Be prepared to negotiate post-sale distributions if one co-owner contributed more to upkeep or improvements.