What to Give Your Attorney to Start a Partition Case in Alabama

Short answer: To begin a partition action in Alabama, give your attorney complete ownership documents (deeds, title reports), proof of identity and ownership, any wills or probate records, mortgage and lien information, current tax and insurance records, any leases or occupancy agreements, records of improvements or payments, and contact information for all co-owners. Your lawyer will use these materials to prepare the complaint, identify parties, calculate interests, and request either a division in kind or a sale.

Detailed answer

This section explains what a partition case is under Alabama practice and lists the documents and information your attorney will need to begin the case. This is educational information only and is not legal advice. Consult an Alabama-licensed attorney to discuss your facts.

What a partition action is (basic overview)

A partition action asks a court to divide property owned by two or more people when the co-owners cannot agree on use or disposition. In Alabama, courts can order a partition in kind (divide the land physically) when feasible or order a sale and divide the proceeds when division in kind is impractical. The court follows procedural rules and applies Alabama statutory and case law to identify interested parties and determine each person’s share.

For general reference to Alabama statutes and codes, see the Alabama Code resource page: Alabama Code (legislature.state.al.us). For court rules and local forms you may also consult the Alabama judiciary website: judicial.alabama.gov.

Core documents and information to provide your attorney

Collect and give these documents and facts to help your attorney evaluate and start a partition case. Provide originals when possible and clear copies when not.

Deeds and title documents — All recorded deeds that show how each owner acquired an interest (warranty deeds, quitclaim deeds, trustee’s deeds). These show names, dates, property descriptions, and how ownership interests were created.
County tax records and parcel ID — Current tax bill(s), parcel or assessor numbers, and proof of who has paid property taxes recently.
Title report or abstract — Any recent title search, title insurance policy, or abstract of title. If you don’t have one, your attorney can order a title report.
Mortgage, lien, and judgment records — Copies of mortgages, deeds of trust, mechanic’s liens, and any recorded judgments or liens against the property or owners.
Lease and occupancy agreements — Any written leases, rental agreements, or evidence that a co-owner or tenant lives on or uses the property (including verbal-lease summaries).
Surveys and plats — Any existing survey, property plat, or map showing boundaries, easements, and improvements.
Probate, wills, and inheritance documents — If ownership arose through inheritance, provide wills, probate orders, and letters testamentary or letters of administration.
Evidence of payments and contributions — Records showing which owners paid mortgages, taxes, utilities, insurance, or made improvements (receipts, canceled checks, bank statements). These can affect accounting among co-owners.
Communication among co-owners — Emails, texts, letters, or notes showing requests to sell, offers, or disagreements about use or management.
Improvements and expenses documentation — Contracts, invoices, photos, or receipts for repairs, renovations, or other improvements.
Insurance records — Current property insurance policies and claim records.
Appraisals or market valuations — Any independent appraisals, broker price opinions, or comps.
Identification and contact info — Government ID for the client (driver’s license or passport), full legal names, current addresses, phone numbers, and email addresses for all known co-owners and interested parties. If some owners are deceased or missing, provide whatever probate or last-known-contact information you have.
Power of attorney or corporate documents — If an owner is an entity or represented by an agent, include corporate formation documents, bylaws, operating agreements, and any power of attorney papers.
Prior litigation or settlement documents — Any prior court orders, settlement agreements, or judgments that affect the property or ownership interests.

Why each item matters

Deeds and title records show who must be named as defendants in the partition complaint.
Mortgages and liens affect net sale proceeds and how proceeds are distributed.
Surveys help the court determine whether a physical division is practical.
Payment records support claims for credits or reimbursements between co-owners.
Probate and corporate records establish legal ownership when titles are ambiguous.

Practical procedural steps your attorney will take in Alabama

Review documents to identify all parties with an interest in the property.
Order a title search and request a survey if needed.
Prepare and file a complaint for partition in the appropriate county circuit court, naming all necessary parties and describing the property.
Serve process on all defendants and allow statutory time for response.
Seek appointment of commissioners or a master if the court uses them to divide or sell the property, or ask for a sale and distribution of proceeds.
Resolve competing claims (liens, offsets, credits) and obtain final court order directing division or sale and distribution.

Because local practice and judge preferences vary, your attorney will also check county-specific filing rules, fee schedules, and possible statutory provisions affecting partition actions. For general authority and procedures, consult the Alabama Code and local court rules via the official state sites above.

Helpful Hints

Start collecting documents early. Older deeds, tax statements, and payment proofs often take time to find.
Make organized copies. Create a single folder (digital and physical) with a contents list to speed attorney review.
Be transparent about disagreements. Tell your lawyer about any hostile interactions with co-owners or threats involving the property.
Preserve evidence. Save emails, texts, receipts, and photos. Do not delete relevant communications.
Expect costs. Partition cases can involve title searches, surveys, appraisals, and court fees. Ask your lawyer for an initial cost estimate.
Consider alternatives. Mediation or negotiated buyouts can be cheaper and faster than litigation. Provide documentation of any settlement offers or valuations exchanged.
Notify your attorney of bankruptcy, probate, or criminal actions affecting any party. Those matters can delay or change the partition process.
If some owners are unknown or out-of-state, provide any traceable contact info; your attorney may need to publish notice or take extra steps to locate them.

Next steps: Contact an Alabama-licensed attorney and bring the documents listed above to your first meeting. Your lawyer will explain likely outcomes, timelines, and fees and will confirm which documents are essential for your situation.

Disclaimer: This article explains general Alabama procedures and lists common documents for a partition case. It is for informational purposes only and is not legal advice. For advice specific to your situation, consult a licensed Alabama attorney.