Detailed Answer — How co-owners start a partition action in Alabama

Short answer: In Alabama, a co-owner who wants the court to divide or sell jointly owned real property files a partition action in the circuit court where the property is located. The court will try to divide the property in kind if reasonably possible; if division in kind is impractical, the court orders a sale and distributes the proceeds among the owners after adjusting for liens, expenses, and equitable credits.

What is a partition action?

A partition action is a civil lawsuit that asks the court to physically divide real property among co-owners (partition in kind) or, when that’s not feasible or fair, to sell the property and divide the sale proceeds (partition by sale). Partition actions resolve disputes between co-owners — for example, heirs, former spouses, business partners, or friends who own land together.

Where to file

File the partition complaint in the Alabama circuit court that has jurisdiction over the county where the property is located. Circuit courts handle real property disputes in Alabama. For official Alabama code and statutes generally governing civil actions and property remedies, see the Alabama Legislature website: Alabama Legislature Code of Alabama.

Who must be joined as parties

A partition complaint should name all persons who have an ownership or claimed interest in the property, plus persons holding liens or recorded encumbrances that affect the property (mortgagees, judgment lienholders, tax sale purchasers, etc.). Joining all interested parties avoids later challenges or conflicting claims. If unknown owners exist, the complaint can seek constructive notice and include procedures for unknown or missing owners.

Common elements of the complaint

Identification of the property (legal description or recorded parcel identification).
The nature of the ownership interests claimed (tenancy in common, joint tenancy, tenancy by the entireties, heirs, etc.).
Names and addresses of all known co-owners and lienholders.
A plain statement requesting partition in kind or, alternatively, a sale and distribution of proceeds.
Requests for appointment of a commissioner or master to carry out division or sale, and for an accounting of rents, profits, taxes, and necessary expenses.
Any request for temporary or injunctive relief (for example, to stop waste, prevent removal of buildings, or require preservation of property) while the case proceeds.

Pre-filing steps co-owners should consider

Try negotiation or mediation. Courts often expect parties to attempt settlement. A negotiated buyout or written division agreement avoids litigation costs.
Collect title documents: deed(s), mortgage records, tax records, survey or plat, and recorded encumbrances.
Determine each owner’s claimed share and any evidence of contributions to purchase price or improvements.

Procedure after filing

After the complaint is filed and served on all parties, the usual steps are:

Defendants file responses or answer. They may assert defenses, file cross-claims, or claim offsets for contributions or improvements.
The court may order discovery, inspections, or an accounting of rents and profits.
If the court finds the land can be fairly divided, it orders partition in kind and appoints a commissioner or master to implement the division and set boundaries or new deeds.
If division in kind is impractical or would unfairly prejudice a party, the court orders sale (often after a public auction) and directs how proceeds are distributed, after paying costs, liens, and adjustments.
The court issues a final decree, and the clerk records deeds or distributes sale proceeds as ordered.

Who performs the physical division or sale?

The court commonly appoints a commissioner or special master to survey, divide, value, or sell the property. That officer reports back to the court, which approves the method and final distribution.

Financial adjustments and credits

The court accounts for mortgages, liens, taxes, and necessary expenses. Co-owners who paid more than their share for mortgage payments, taxes, or improvements may claim credits or offsets. The court’s accounting determines how much each owner receives from a sale or how boundaries are drawn to reflect fairness.

When is partition by sale more likely?

Partition by sale is common for single-family homes on small lots, commercial property where physical division would impair value, or when the co-owners’ interests are so mixed that dividing in kind is impractical. Courts weigh feasibility and fairness when choosing sale over division.

Timelines and likely duration

Cases vary. Simple, uncontested partitions that allow an in-kind division can close in a few months. Contested matters with title disputes, multiple lienholders, or valuation disagreements can take a year or more. Expect additional time if appeals occur.

Costs and who pays

Filing fees, service costs, attorney fees (if awarded), commissioner fees, survey and appraisal costs, and expenses for sale are typically paid from the property proceeds or apportioned by the court. The court may allocate costs based on fault or equitable considerations.

Effect on mortgages and liens

Partition does not automatically eliminate valid mortgages or recorded liens. A mortgage holder has a right to payment from sale proceeds. The purchaser at a partition sale generally takes subject to existing mortgages unless the sale proceeds satisfy them.

Practical tips before filing

Get a professional survey and a title search to identify liens and precise boundaries.
Obtain appraisals to support valuation if you seek sale or buyout proposals.
Consider mediation or a neutral valuation process before litigation — courts often encourage settlement.
Discuss temporary orders (possession, maintenance, insurance) with an attorney if co-owners are in conflict.

Where to look in Alabama law

Specific procedures for civil actions and remedies are governed by the Code of Alabama and circuit court rules. For the official Code of Alabama and related rules, consult the Alabama Legislature website: https://www.legislature.state.al.us/. For local practice details, check the website or clerk’s office of the circuit court in the county where the property sits.

When to consult an attorney

If co-owners cannot agree, if title is disputed, if significant liens exist, or if the property has complex value issues (commercial property, mineral rights, or environmental concerns), consult an attorney experienced in Alabama real property litigation. An attorney can prepare the complaint, handle service on all parties, protect your rights during accounting and sale, and advise on defenses or settlement strategies.

Disclaimer

This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter. Consult a qualified Alabama attorney to get advice specific to your situation.

Helpful Hints

Attempt a written buyout first — usually cheaper and faster than court.
Collect deeds, mortgage statements, tax records, surveys, and receipts for improvements before filing.
Document communications and offers between co-owners; courts consider good-faith settlement efforts.
Expect the court to prefer division in kind when it does not prejudice value or fairness.
Ask the court for an accounting of rents, taxes, and expenses if others occupied or used the property without agreement.
Remember liens survive partition; address mortgages and recorded encumbrances early.
Check local circuit court procedures and fee schedules before filing to avoid surprises.