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Detailed Answer
When two or more people co-own real property in Alabama—whether as tenants in common, joint tenants, or under another form of co-ownership—disputes can arise over use, management, or sale. A partition action offers a court-supervised method to divide or sell the property so that each owner receives their fair share.
1. Statutory Authority
Alabama law governs partition actions under Code of Ala. § 35-9-1 et seq. These statutes outline filing requirements, procedures, and how proceeds are distributed.
2. Initiating the Action
- Complaint: One co-owner (the plaintiff) files a complaint in the circuit court of the county where the property lies, naming all other co-owners as defendants.
- Service: Each defendant must be served with process in accordance with the Alabama Rules of Civil Procedure.
3. Court’s Determination
Once all parties appear or default, the court determines whether the land can be physically divided (partition in kind) or must be sold (partition by sale).
- Partition in Kind: If the property can be divided into parcels of roughly equal value without defeating its use, the court orders a physical division among owners.
- Partition by Sale: If division would be impractical or greatly diminish value, the court orders a public sale. The sale is often conducted by a court-appointed commissioner under Code of Ala. § 35-9-30. Net proceeds go to the co-owners according to their ownership interests.
4. Accounting and Distribution
The court supervises an accounting to deduct liens, mortgages, taxes, and sale costs. Remaining funds are split based on the ownership percentages or as the co-owners agree.
5. Final Decree
Upon completion, the court enters a final decree of partition. This decree conveys title to each co-owner or confirms sale distribution, ending the co-ownership relationship.
Helpful Hints
- Review your deed to confirm your ownership type and percentage interest.
- Consider mediation before filing to reduce legal fees and preserve relationships.
- Gather financial records (mortgage statements, tax bills) to help the court’s accounting.
- Consult an attorney early to ensure proper service and avoid procedural delays.
- Be prepared for appraisal costs if the court orders physical division or sale.
- Understand that partition can be contested; non-filing co-owners may object or propose alternative plans.