Quick answer

If you inherited property in Alabama with one or more co‑owners and a co‑owner refuses to cooperate, you can file a civil partition action in the circuit court where the land is located. The court can order the property divided “in kind” (physically) when feasible, or sold with the proceeds distributed among co‑owners. Start by confirming title, attempting a written demand for partition, then prepare and file a complaint naming all owners and known lienholders. Expect appointment of commissioners or a court‑ordered sale, an accounting for liens and expenses, and distribution of net proceeds or conveyances reflecting divided parcels.

Detailed answer — step by step (Alabama law)

Partition actions in Alabama are governed by the state’s partition statutes (Title 35 of the Code of Alabama) and the civil procedure rules used in circuit court. For the statutory framework, see Title 35 (Partition) of the Code of Alabama:

Code of Alabama 1975 – Table of Contents (search for Title 35, Partition).

1. Confirm ownership and title

   Obtain a current title report or access the county land records to identify every person or entity with a recorded ownership interest (deeds, survivorship, joint tenancy, tenancy in common, or documents from a probate file). For inherited property, confirm whether the estate was probated and whether title passed by deed, operation of law, or still needs transfer through probate.

2. Try a voluntary resolution first

   Before filing, send a written demand for partition and attempt negotiation, mediation, or a buyout offer. A voluntary settlement saves time and court costs. Keep written records of all demands and offers; the court will want to see efforts to resolve the dispute.

3. Decide whether you seek partition in kind or sale

   Alabama courts prefer partition in kind if the land can be divided without great prejudice to the owners. If the land cannot be fairly divided (e.g., a single family home on a small lot), the court will typically order a sale and division of proceeds. Prepare to argue why physical division is feasible (or not).

4. Prepare the complaint and supporting documents

   File a complaint for partition in the circuit court in the county where the real property is located. The complaint generally must:

   • Identify the property (legal description), all owners, and any lienholders;
   • State the nature and amount of your interest;
   • Allege efforts to reach a voluntary solution (if any);
   • Ask the court to order partition in kind or sale and to appoint commissioners or a guardian/commissioner to make valuation and division;
   • Attach copies of recorded deeds, wills, probate documents, or other title evidence.

   Because probate issues sometimes prevent a clean partition (for example, if title is clouded or the estate must be administered first), attach probate documents or explain the probate status in the complaint.

5. Name all necessary parties and lienholders

   Include every person who has an ownership interest, plus recorded mortgagees and judgment lienholders. If you omit a necessary party, the court’s decree can be contested later. If unknown owners or claimants exist, the court can require notice by publication in some cases.

6. File and serve the complaint; record a lis pendens

   After filing, serve each defendant according to Alabama civil procedure rules. Consider recording a lis pendens (notice of pending action affecting title) in the county land records to protect the proceeding’s effectiveness and warn potential purchasers.

7. Court process: commissioners, appraisals, and possible sale

   If the court orders partition in kind, it commonly appoints commissioners to survey and divide the land fairly. If sell is ordered, the court will appoint a commissioner or order a public auction. The court will oversee valuation, sale procedures, payment of liens, and distribution of proceeds. Keep proof of expenses and receipts; courts allocate costs and can adjust shares for contributions (for example, one co‑owner paying taxes or making improvements).

8. Accounting for liens, taxes, and costs

   Prioritize secured liens and mortgages: generally the sale proceeds will first satisfy those liens. The court will deduct costs of sale, commissioner fees, and unpaid taxes before dividing the net proceeds according to ownership shares or as the court orders.

9. Possible defenses and complications

   Opposing co‑owners may raise defenses such as claiming exclusive possession (an equitable offset for rent), asserting an agreement preventing partition, or asserting improvements that justify an adjustment. The court balances equitable considerations when allocating proceeds or physical parcels.

10. Final decree and appeals

    The circuit court enters a decree describing the division or ordering sale and distribution. That decree can be recorded to clear title for the new owners. Either side may appeal if they believe the court erred; Alabama appellate rules set the timetable for appeals.

Typical timeline: simple partition cases may move faster (a few months) if owners cooperate and title is clear. Complex disputes, valuation fights, lien resolution, or appeals can extend the process to a year or more.

Where to file: file in the Alabama circuit court in the county where the real property is located. For court‑specific filing requirements, forms, and fees, consult the local circuit clerk or the Alabama Judicial System: Alabama Judicial System.

When you should hire an attorney

Consider hiring a licensed Alabama attorney if any of the following apply:

• Title is unclear or the estate was not fully probated;
• There are mortgages, tax liens, or judgments against the property;
• Co‑owners live out of state or cannot be located;
• There are disputes about ownership shares, improvements, or contributions;
• You want to pursue a buyout, mediation, or complicated settlement;
• You need help drafting pleadings, obtaining a lis pendens, or navigating court hearings.

An attorney can prepare the complaint, manage service, obtain appraisals, and argue for adjustments (for example, crediting one co‑owner for paying taxes or making substantial improvements).

Helpful Hints

• Start by pulling recorded deeds and the probate file (if the property was inherited). Clear documentation speeds the court process.
• Demand partition in writing before filing. Courts favor parties who tried to resolve matters without litigation.
• Consider mediation early; it can produce a faster, less costly buyout or property division than a court sale.
• Record a lis pendens after filing to protect against third‑party transfers.
• Keep careful records of payments you make for taxes, mortgage, insurance, and improvements — those can affect final distribution.
• If one co‑owner is missing, the court can sometimes permit service by publication; consult local rules and court clerks.
• Be realistic about whether the property can be physically divided without harming its value; if not, plan for a sale.
• Expect costs for filing, commissioners, appraisal, advertising a sale, and possibly attorney fees. The court may allocate some costs between parties.