What legal options exist if co-owners cannot agree on sale logistics or cost sharing? – AL
Detailed Answer When co-owners of real property in Alabama cannot agree on sale logistics (price, timing, listing agent) or cost sharing (repairs, taxes, commissions), Alabama law provides a judicial remedy called a “partition action.” Under the Ala. Code § 6-6-210, any co-owner may petition the circuit court to divide property fairly. There are two main […]
Read article →Can I Partition Property I Owned with My Spouse After Separation but Before Divorce in Alabama?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Alabama to discuss your specific circumstances. Detailed Answer In Alabama, the right to file a partition action depends on how you and your spouse hold title to the property. Under Alabama Code § 6-6-640, holders of real […]
Read article →What Happens at the Initial Partition Hearing in Alabama Regarding Sale Orders and Appointment of a Commissioner?
Disclaimer: This is not legal advice. Consult a qualified attorney about your specific situation. Detailed Answer When a co-owner files a partition action in Alabama, the court holds an initial hearing to decide whether to divide the property in kind or order a sale, and to appoint a commissioner to manage the process. First, the […]
Read article →How to Schedule a Hearing in an Alabama Partition Action After the Response Period Ends
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Once all parties to a partition action in Alabama have been properly served and the 30-day response period under Ala. Code § 6-6-220 (see Justia § 6-6-220) has elapsed, you […]
Read article →What legal process allows an Alabama co-owner to force the sale of jointly inherited property when other owners cannot agree?
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 […]
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