What a Dismissal With Prejudice Means in Alabama Partition Cases
Detailed Answer Short answer: When a judge dismisses your partition case "with prejudice" under Alabama procedure, the court has closed the case permanently on the merits. You generally cannot refile the same partition claim between the same parties. The dismissal is a final judgment that ends this route to divide or sell the property unless […]
Read article →How to Force Sale or Division of Co‑Owned Property After Divorce — Alabama
Options for Forcing Sale or Division of Co‑Owned Real Property in Alabama Short answer: If you still co‑own real estate with your ex after divorce in Alabama, your main paths are: (1) negotiate a buyout or sale by agreement (often via mediation), or (2) file a court action to partition the property (asking the court […]
Read article →How to File a Partition Action to Force Sale of Real Property in Alabama
Detailed Answer Short answer: In Alabama, if you and others own your late father’s house as co-owners (commonly tenants in common) and you cannot agree on what to do with the property, you can ask a court to partition it. A partition action asks the court to divide the property among owners (partition in kind) […]
Read article →Alabama: How to Force a Court-Ordered Sale of Shared Property (Partition Actions)
How partition actions work and how to force a sale of shared property in Alabama Quick overview: If you co-own real property in Alabama and the co-owners cannot agree on keeping or buying out interests, you can ask a court to partition the property — either by dividing it (partition in kind) or by selling […]
Read article →Selling Property in a Partition Action — Alabama
How the Court Handles Selling Property in a Partition Action in Alabama Disclaimer: This is general information, not legal advice. Consult a licensed Alabama attorney about your specific situation. Detailed answer — overview of the sale process in an Alabama partition action When co-owners cannot agree how to end shared ownership of real property, one […]
Read article →How to Offer a Buyout to Co‑Owners in a Partition Case in Alabama
Can I offer to buy out my co-owners in a partition case before the court orders a sale? Short answer Yes. In Alabama you can attempt to buy out co-owners at any point before the court orders a sale. Parties often negotiate a buyout, submit a proposed consent judgment or settlement to the court, and […]
Read article →Recovering Taxes and Mortgage Payments in an Alabama Partition Action
How Alabama law treats tax and mortgage payments made on jointly inherited property in a partition action Short answer Yes — under Alabama law you can ask the court in a partition action to recognize and account for property taxes, mortgage payments, and other necessary expenditures you paid on a jointly inherited home. The court […]
Read article →Alabama: When an Heir Lives in an Inherited Property and Refuses to Leave
Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, consult a licensed Alabama attorney. Detailed Answer When someone who is an heir occupies an inherited property and refuses to vacate or sell their share, Alabama law provides several paths to resolve the dispute. Which path applies depends on […]
Read article →Alabama: Options When the Other Party Asks the Court Only to Sell the House (No Buyout Terms)
What to do in Alabama when the other side asks only for a court-ordered sale (no buyout terms) Detailed Answer — practical steps under Alabama law When someone asks an Alabama court to order the house sold but they do not propose buyout terms, you have several procedural and substantive options. Which you should use […]
Read article →Alabama: What Happens When the Court Orders a Co-Owned House Sold After Failed Mediation
Detailed Answer Short answer: If co-owners of real property in Alabama cannot reach agreement in mediation and a partition action proceeds, a judge can order the house sold and the sale proceeds divided among the owners according to their ownership shares after paying liens, costs, and any court-ordered adjustments. This article explains how that process […]
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