How to Force Sale of Co-Owned Property in Alabama
What to do when a co-owner refuses further mediation over shared real estate (Alabama) Quick answer If a co-owner refuses to continue mediation, the usual next step in Alabama is to file a civil action for partition in the Circuit Court where the property lies. A partition action asks the court to either divide the […]
Read article →Refinancing to Buy Out a Co-Owner in Alabama: A Step-by-Step FAQ
Detailed Answer Short answer: In Alabama, refinancing to buy out a co-owner generally means one owner pays off the existing mortgage by obtaining a new mortgage in only their name (or otherwise obtaining financing), then pays the other owner the agreed buyout amount and records a deed transferring full ownership. If refinancing isn’t possible, the […]
Read article →Dividing or Forcing Sale of Co-Owned Farmland in Alabama: Your Options
Detailed Answer When multiple heirs or co-owners cannot agree about what to do with jointly owned farmland in Alabama, several legal and practical paths exist. Below is a plain-language explanation of the main options, how they generally work under Alabama law, and what to expect in each route. 1) Voluntary agreements (buyouts, partition in kind, […]
Read article →How to Start a Partition Action in Alabama When a Co-Owner Refuses
Starting a Partition Action in Alabama When a Co-Owner Refuses Detailed Answer If you own real property in Alabama jointly with another person and that co-owner refuses to agree to sell or divide the property, you can ask a court to force a partition. A partition action asks the court either to physically divide the […]
Read article →How to Force a Partition Sale of an Inherited Alabama House
Detailed Answer Short answer: Under Alabama law, a co‑owner who cannot agree with a co‑owner about continued ownership can ask a court to partition the property. The court may divide the land physically (“partition in kind”) or order a sale and divide the proceeds (“partition by sale”). Before filing, you should confirm how title is […]
Read article →How to Defend a Partition Action to Prevent Sale of an Inherited Home in Alabama
Can I stop a co-tenant from forcing the sale of our inherited Alabama home? Short answer: In Alabama, any co-tenant (including a co-owner who inherited the property) can file a partition action asking a court to divide or sell property owned jointly. You can defend the action and sometimes prevent or delay a forced sale […]
Read article →Alabama — What Happens If a Co‑Tenant Takes a Home Equity Loan or Refinances an Inherited Property Without Your Consent
What happens if a co‑tenant takes out a home equity loan or refinances an inherited property without my approval? (Alabama FAQ) Short answer: In Alabama, one co‑owner generally cannot bind another co‑owner’s separate ownership interest to a loan without that co‑owner’s signature. A mortgage signed by only one co‑tenant typically creates a lien on that […]
Read article →Alabama: Remedies When a Co-Owner Sells Property Without Your Consent
Can a co-owner’s unauthorized sale be undone? Remedies under Alabama law Short answer: If a co-owner attempts to sell the entire property without your agreement, you have several possible remedies under Alabama law — including suits to cancel or set aside a deed, a partition action, and injunctive relief — but which remedy fits depends […]
Read article →Buying Out Siblings’ Interests in a Family Property in Alabama
How to buy out your siblings’ interests in a family property in Alabama (instead of selling) Short answer: You can generally buy out your siblings’ shares by (1) confirming how title currently stands, (2) getting a reliable market valuation, (3) negotiating and documenting a purchase (deed and closing), and (4) handling any mortgage, liens, taxes, […]
Read article →Alabama: Filing a Partition Action or Petition for Sale When Some Heirs Are Minors
Detailed answer — How to proceed under Alabama law Short overview: If heirs (co‑owners) of Alabama real property cannot agree on what to do with inherited land, one or more co‑owners can start a partition action in the circuit court where the land lies. When some heirs are minors, the court will require those minors’ […]
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