Detailed Answer

Short answer: Yes — under Alabama law you can ask the court to appoint a commissioner to conduct a private sale in a partition action, but the court will only allow it if the sale is fair, gives proper notice, protects the rights of all parties and lienholders, and is in the best interests of the co‑owners. Courts favor partition in kind when practical, but when a sale is necessary the court controls how the sale is conducted and will closely review private sales to avoid favoritism or undervalue.

How it works in practice:

• Partition options. In an Alabama partition action, a court may order partition in kind (division of the property) or partition by sale when division is impractical or would cause injustice. If the court orders a sale, it supervises the method, timing and terms of sale.
• Appointment of a commissioner. The court commonly appoints a commissioner (sometimes called a special commissioner or master) to handle the logistics of selling the property, whether public or private. The commissioner’s duties typically include marketing, soliciting offers, collecting deposits, and reporting the sale to the court for approval.
• Private sale to a buyer. A private sale (a negotiated sale to a specific buyer rather than a public auction) can be approved, but courts scrutinize them more closely than public sales. The court wants to ensure that:

• The sale price is fair and reflects market value (often supported by one or more independent appraisals).
• All co‑owners and interested parties received proper notice and had an opportunity to object.
• There is no conflict of interest that compromises the integrity of the sale (for example, if a co‑owner or an attorney is the buyer or if the commissioner has a relationship with the buyer).
• Creditors and lienholders are provided for or notified so their interests are protected.

Practical requirements and court review:

• Proposed order. You should ask the court to enter a written order appointing the commissioner and spelling out the scope of authority: whether the commissioner may accept a private offer, the minimum acceptable price, required disclosures, deadlines, how deposits will be handled, and whether the commissioner must obtain court approval before closing.
• Appraisals and evidence of value. Courts often require at least one (and commonly two) independent appraisals or other evidence of fair market value before approving a private sale—especially if a co‑owner or party is the buyer.
• Notice and opportunity to object. The court will usually require notice to all co‑owners and any recorded lienholders, giving them a set time to object to the private sale or proposed buyer.
• Commissioner’s report and confirmation hearing. After the commissioner reports the sale, the court typically holds a confirmation hearing. At that hearing the court will evaluate whether the sale was conducted properly and whether the sale price is fair; the court can confirm, reject or conditionally approve the sale.
• Conflict of interest and neutrality. If the buyer is one of the co‑owners or otherwise connected to the transaction, the court will impose stricter safeguards. The commissioner should be neutral; if the commissioner has any financial stake in the sale, the court may reject the appointment or require stronger protections (e.g., bond, full disclosure, independent appraisal).

Special situations and common court reactions:

• Co‑owner buys the property. Courts will allow a co‑owner to buy at a private sale if the transaction is at arm’s length, the price is supported by appraisal(s), and other co‑owners have adequate notice and opportunity to object or to match the offer.
• Unique property. If the property has special value to a particular co‑owner (e.g., a family home, unique business property), the court will still require evidence that a private sale is not depriving other owners of fair value.
• Short sales or discounted deals. Courts are cautious with discounted private sales. The burden is on the party proposing the private sale to show that the offered price is reasonable and that the process protected everyone’s rights.

Statutory and procedural authority. Alabama statutes and practice govern partition procedure and the court’s authority to appoint commissioners and supervise sales. See the Code of Alabama (Title 6: Actions and Proceedings — provisions on partition) for statutory text and structure. The state code provides the framework that courts apply when ordering sale and appointing commissioners: the court’s equitable powers let it structure the appointment and require safeguards appropriate to the case. For access to the Code of Alabama, see the state legislature’s Code of Alabama page: https://www.legislature.state.al.us/aliswww/codeofalabama/1975/coatoc.htm.

Bottom line: You can ask the Alabama court to appoint a commissioner to oversee a private sale to your buyer, but expect the court to require disclosures, appraisals, notice, and a confirmation hearing. Be prepared to show the transaction protects all parties and yields fair value.

Disclaimer: This article provides general information about Alabama law and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your case, contact a licensed Alabama attorney.

Helpful Hints

• File a proposed order: When you ask the court to appoint a commissioner, submit a clear proposed order that defines the commissioner’s authority, minimum acceptable price, required disclosures, and timing for reports and hearings.
• Get at least one independent appraisal: Courts like objective evidence of market value before approving private sales; two appraisals are better when the buyer is a co‑owner.
• Provide full disclosure: Disclose any relationship between the buyer and the commissioner or parties. Non‑disclosure increases the chance the court will reject the sale.
• Give proper notice: Make sure all co‑owners, lienholders and recorded interest holders receive timely notice of the proposed private sale and the confirmation hearing.
• Consider bonding the commissioner: Be prepared for the court to require a bond or other security to protect the estate during the sale process.
• Preserve evidence of marketing: If you want a private sale approved, demonstrate that you tried a public sale or exposed the property to market interest (advertising, broker outreach) unless there is a good reason not to.
• Anticipate objections: Expect other owners to object if they think the price is low or the process unfair; have documentation ready (appraisals, comparable sales).
• Hire local counsel: Partition and sale procedures vary in practice by county and judge. A local Alabama attorney can draft the order, handle notice, and present the commissioner’s report and confirmation motion.
• Plan for distribution: Be ready to show how sale proceeds will be divided after liens, mortgages, taxes and sale costs are paid.