Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a property owner dies without leaving a valid will in Alabama, heirs inherit equal shares by operation of Ala. Code §19-3-1. As co-owners (tenants in common), each heir holds an undivided interest, even if only one lives in the home.
One heir who wants to live in the inherited property can occupy it, but this person does not automatically gain exclusive ownership. The non-occupying heir retains the right to possession and can demand an accounting for use and occupation if there is an ouster (intentional exclusion). Alabama case law treats a co-tenant in possession as owing no rent to the non-possessing cotenant unless the non-possessing cotenant is excluded or a court orders accounting.
If the heirs cannot agree on use or disposition, either party may file a partition action under Ala. Code §19-3-30. In a partition suit, the court will:
- Order a physical division of the land (“partition in kind”) if feasible;
- Order a sale of the entire property and split the proceeds if a division would be impractical (“partition by sale”);
- Allocate costs, attorney fees, and credit any fair rental value for exclusive occupancy where appropriate.
Before filing, heirs often negotiate a buyout. The occupying heir may offer to purchase the other heir’s share at fair market value. The non-occupying heir may request compensation for lost rental income from the date of occupancy or file for a partition action to force a sale.
Key Alabama rules:
- Co-tenants have equal rights to possession, regardless of contribution to purchase or maintenance.
- No rent is due absent an ouster or specific court order.
- A partition action resolves disputes over sale or division. Courts can adjust proceeds to account for use, waste, or unequal contributions.
Helpful Hints
- Obtain a recent property appraisal to establish fair market value.
- Document your use and maintenance contributions: repairs, taxes, insurance.
- Consult an attorney before negotiating a buyout or filing for partition.
- Consider mediation to avoid costly litigation.
- Review Alabama’s partition statutes at the Legislature’s website for full details.