Disclaimer

This article is educational only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Alabama attorney.

Detailed Answer — How Alabama handles division or forced sale of co-owned farmland

When more than one person owns farmland together in Alabama (for example, as tenants in common), a co-owner who wants their share separated or converted to cash can ask a court for a judicial partition. Alabama law provides a method for dividing real property fairly when co-owners cannot agree. The court’s role is equitable: it tries to divide the property in a way that reflects each owner’s legal interest. If the court cannot divide the land fairly “in kind,” it will order a sale and distribute the net proceeds.

1. Confirm the type of co-ownership and ownership shares.

   Start by checking the deed, title, or other records to determine who owns the land and in what shares. In Alabama a common form is tenancy in common, where each owner has an undivided fractional interest that they can sell or force to be partitioned. The exact ownership percentages determine how sale proceeds or divided parcels will be allocated.

2. Try to reach a voluntary agreement first.

   Court-ordered partition is usually the last resort. Co-owners can voluntarily divide the land, buy out other owners, or agree on a private sale. A written agreement is best. If owners agree, they can execute deeds allocating portions or execute a buyout agreement that transfers interests without court intervention.

3. File a partition action in the appropriate Alabama court.

   If voluntary settlement fails, a co-owner files a civil complaint for partition in the circuit court of the county where the land lies. The complaint should name all known co-owners and any parties with recorded interests (mortgagees, lienholders, tenants subject to leases). The court issues summonses and serves the named parties.

4. Court determines whether partition in kind is practical.

   The judge evaluates whether the property can be divided physically so each owner receives a portion equal (or approximately equal) to their interest. For farmland, the court considers parcel size, access, soil, irrigation, buildings, and whether division would be wasteful or impractical. If fair physical division is possible, the court orders a partition in kind and supervises the allocation.

5. If in-kind division is impractical, the court orders a sale (partition by sale).

   The court may appoint commissioners, referees, or a special master to appraise the property, advertise the sale, and manage the process. Sales may be public auction or private sale with court approval. The sale proceeds pay liens, mortgages, taxes, sale costs, and court costs; the remainder is divided among owners according to their ownership shares.

6. Account for liens, mortgages, taxes, expenses, and improvements.

   Creditors with recorded liens or mortgages are paid from sale proceeds in the priority provided by law. The court also accounts for property taxes, necessary repairs, sale expenses, and adjustments for improvements or waste attributable to specific co-owners. If one owner paid more than their share for upkeep or taxes, the court can order an accounting and adjust distribution accordingly.

7. Possible buyout option during litigation.

   Sometimes the court will allow or encourage a co-owner to buy out other owners at an appraised market value instead of selling to a third party. Courts often set deadlines for buyout offers during the process.

8. Final judgment and distribution of proceeds or transfer of title.

   After sale or in-kind division and after resolving liens and costs, the court issues a final decree. That decree either conveys subdivided parcels to co-owners or directs distribution of sale proceeds. The court’s order will be recorded in the land records to reflect the new title or the change in ownership interests.

9. Appeals and post-judgment issues.

   Parties who believe the court erred can appeal under Alabama appellate rules within the prescribed deadlines. Also, disputes about the sale procedure, valuation, or distribution can lead to post-judgment motions to clarify or modify the decree.

Who pays costs and attorneys’ fees?

The court normally allocates court costs and expenses of the sale from sale proceeds. Whether one side can recover attorney fees depends on statute, contract, or specific equitable grounds. Check the pleadings and ask a lawyer about fee-shifting in your case.

Where to check the Alabama statutes and official rules

Alabama’s statutory law and civil procedure control how a partition action proceeds in state court. For primary statutory texts and to check the exact statutory language applicable to partition and procedure, consult the Code of Alabama (Title 6 covers civil procedure and related matters) on the Alabama legislature’s official website: https://www.legislature.state.al.us/. Use the site’s search to locate statutes governing partition and related provisions.

Helpful Hints

• Collect the deed, any title insurance, mortgage documents, leases, tax records, and a recent survey before talking with an attorney. Clear documentation speeds the process.
• Label the type of co-ownership. Tenants in common are eligible for partition actions; joint tenancy rules differ if an express right of survivorship exists.
• Get a current appraisal early. Accurate market value helps determine whether a buyout or a sale is the better route.
• Consider mediation. Courts often encourage alternative dispute resolution, which can save time and money compared with litigation.
• Check for recorded liens or mortgages. Creditors have priority and can affect whether the land sells or how proceeds are distributed.
• If you are farming the land, document contributions (labor, improvements, rent) and expenses. The court may account for these in the final division or distribution.
• Expect time and expense. Partition litigation can take months to resolve and will incur court, appraisal, survey, and attorney costs.
• Talk to a local Alabama attorney experienced in real property and partition law to evaluate options and protect your rights.