How to Start a Partition Action in Alabama: Step-by-Step FAQ

Short answer: If co-owners cannot agree how to divide land in Alabama, any co-owner can file a partition action in the circuit court where the land lies under Ala. Code § 6-6-1 et seq. The court will attempt a physical division (partition in kind) when practical; if physical division is impractical, the court will order a sale and divide the proceeds after paying liens and costs.

Detailed Answer — What filing a partition lawsuit in Alabama involves

This section explains the typical process, step by step, and highlights relevant Alabama law. This is a general overview and not legal advice.

1. Confirm ownership and try to resolve the dispute first

Start by confirming everyone’s recorded interest: review deeds, title abstracts, or a recent title report to determine who holds legal title and whether interests are tenancy in common, joint tenancy, or some other arrangement. Alabama partition statutes generally apply to co-owners who hold undivided interests in real property. Before filing suit, consider:

• Negotiation between co-owners
• Offering to buy out other owners
• Mediation or alternative dispute resolution

Resolving the matter without litigation saves time and cost, but if discussions fail, a partition action is the next step.

2. Where and how to file the partition complaint

File a civil complaint for partition in the circuit court for the county where the land is located. The complaint should:

• Name all co-owners and any parties with recorded interests (mortgagees, lienholders, tenants, and other claimants).
• Describe the property with enough detail to identify it (legal description, parcel number).
• Allege each party’s interest or claim and state that co-owners cannot agree to a fair division.
• Pray for partition in kind if feasible, or for sale and division of proceeds if partition in kind cannot be made.

Alabama’s partition statutes govern the procedure; see Ala. Code § 6-6-1 et seq. for statutory rules and remedies. A lis pendens (notice of pending action affecting title) can be filed to put the world on notice that title is subject to litigation.

(Statute reference: Ala. Code § 6-6-1 et seq. — see chapter on partition of lands: https://alisondb.legislature.state.al.us/acas/codeofalabama/1975/6/6-6-1.htm)

3. Service, responses, and preliminary matters

All named parties must be served properly under Alabama rules of civil procedure. Defendants may file answers, assert claims (for example, accounting for contributions, offsets for improvements, or claims of adverse possession), or raise jurisdictional defenses. The court may set deadlines for pleadings, require written disclosures, and schedule initial case management hearings.

4. Discovery and valuation

Parties commonly engage in discovery about ownership history, liens, contributions to the property, and facts relevant to valuation. The court frequently orders appraisals or allows expert testimony to determine fair market value and whether partition in kind is practical. Factors the court considers include physical layout, size, zoning, access, and whether dividing the land would leave inefficient or impractical parcels.

5. Partition in kind vs. partition by sale

• Partition in kind: The court orders a physical division of the land so each co-owner receives a separate parcel proportional to their ownership share. This is preferred when division is practical and equitable.
• Partition by sale: If the property cannot be fairly or practically divided (for example, a single-family home on one lot), the court will order a sale—public or private—and divide net proceeds among owners according to their interests after paying liens, taxes, and costs.

The court may appoint neutral commissioners to survey and divide the property or to conduct the sale, and will review and confirm the commissioners’ report before final distribution.

6. Handling liens, mortgages, and priorities

Outstanding mortgages, tax liens, or judgments attached to the property are typically paid from the sale proceeds before co-owners share any surplus. The court’s decree will address lien priorities and ensure liens are satisfied or preserved as appropriate.

7. Accounting, credits, and adjustments

Co-owners can ask the court for accounting credits for contributions they made to the property (mortgage payments, taxes, repairs, improvements). The court can offset amounts to reflect equitable adjustments before dividing proceeds or allocating parcels.

8. Final decree, transfer, and distribution

After the court accepts the commissioners’ report or confirms the sale, it enters a final decree that conveys property to the individual co-owners (in the case of partition in kind) or directs distribution of sale proceeds. This decree typically resolves title disputes and is recorded to update ownership records.

9. Timeline and costs

Partition actions vary widely in duration. Simple matters may take a few months; contested cases with valuation disputes, multiple lienholders, or appeals can take a year or longer. Costs include court filing fees, appraisal and surveying expenses, commissioners’ fees, title searches, and attorneys’ fees. The court decides how to allocate costs and may order the sale of the property to cover them.

10. Alternatives and practical tips

• Offer a buyout based on a neutral appraisal to avoid litigation.
• Use mediation to resolve disputes about value, credits, and division before filing suit.
• Consider partition by exchange or reallocation of other assets among co-owners as an alternative to sale.

Where co-owners include minors, incapacitated persons, or parties under disability, the court will take special steps to protect their interests (guardianship, appointment of next friend, or other safeguards).

When to hire an attorney

Hiring an attorney is strongly recommended when co-owners disagree about title, valuation, lien priorities, or contributions. An attorney can prepare the complaint, handle service, gather title documents, manage discovery, represent you at hearings, and help negotiate settlements or buyouts. Complex ownership chains, mortgages, or boundary disputes make legal representation more important.

Helpful Hints

• Confirm which county’s circuit court has jurisdiction—the petition must be filed where the property is located.
• Gather deeds, mortgages, tax records, proof of contributions (receipts, canceled checks), and any written agreements among co-owners before filing.
• Get a current title report and at least one appraisal to understand value and encumbrances.
• File a lis pendens to notify third parties that the property’s title is subject to the lawsuit.
• Explore mediation early. Courts sometimes require or favor ADR to reduce litigation costs.
• Expect liens to be paid from sale proceeds in order of priority; unsecured claims may not be paid from the property sale.
• If you are a creditor or mortgagee, timely assert your interest so the court can protect lien priority.
• Remember that partition can divide title, but it does not eliminate certain equitable claims; raise claims early in the lawsuit.

Key statutory reference: Partition actions in Alabama are governed by Ala. Code § 6-6-1 and following sections. For the statutory text and procedures, see: https://alisondb.legislature.state.al.us/acas/codeofalabama/1975/6/6-6-1.htm

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. For advice tailored to your situation, consult a licensed Alabama attorney.