Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Alabama law, joint owners of real property can seek a partition to divide or sell a property when one or more co-owners request it. The process follows the Partition of Lands statutes in Title 6, Chapter 6 of the Code of Alabama. Below are the key steps to initiate or consent to a partition action before a court-appointed commissioner.
1. Prepare and File a Partition Petition
A co-owner begins by filing a petition in the circuit court of the county where the property lies. The petition must:
- Identify all co-tenants by name and address.
- Describe the property with sufficient legal detail.
- State the type of partition sought (in kind or by sale).
Refer to Ala. Code § 6-6-3 for mandatory petition requirements. See Chapter 6.
2. Serve Notice on All Co-Tenants
After filing, the petitioner must serve the petition and a summons on every co-owner according to Alabama Rules of Civil Procedure, Rule 4. Proper service ensures each party can respond or consent to the partition.
3. File Consents or Waivers
If all co-owners agree, they can sign written consents or waivers in favor of the requested partition method. Voluntary consents streamline the process and may eliminate the need for a contested hearing.
4. Appointment of Commissioner
Once the court reviews the petition (and any consents), it orders the clerk to appoint a disinterested commissioner. The clerk issues a commission, and the commissioner must take an oath and post bond as required by Ala. Code § 6-6-23. See § 6-6-23.
5. Commissioner’s Duties and Notices
Within 10 days of appointment, the commissioner must notify all co-owners of any inspection or sale date. The commissioner evaluates whether partition in kind is practical; if not, they arrange a public sale under Ala. Code § 6-6-25. See §§ 6-6-24 to 6-6-25.
6. Report, Objections, and Final Decree
After completing the partition or sale, the commissioner submits a written report to the court under Ala. Code § 6-6-26. Co-tenants have 10 days to file objections. If the court finds the report fair and proper, it confirms the sale, allocates proceeds among co-owners based on their interests, and enters a final decree. See § 6-6-29.
Helpful Hints
- Review your deed and title abstract before filing.
- Discuss voluntary buyouts to avoid litigation costs.
- Confirm service methods comply with Rule 4, Ala. R. Civ. P.
- Keep track of deadlines for objections and bond postings.
- Consult a qualified attorney for complex property boundaries or title issues.