Detailed Answer
When co-owners of real property in Alabama cannot agree on sale logistics (price, timing, listing agent) or cost sharing (repairs, taxes, commissions), Alabama law provides a judicial remedy called a “partition action.” Under the Ala. Code § 6-6-210, any co-owner may petition the circuit court to divide property fairly.
There are two main types of partition:
- Partition in Kind: The court divides the land into separate physical parcels, allocating each co-owner a portion roughly equal in value. See Ala. Code § 6-6-220.
- Partition by Sale: If dividing the land is impractical or inequitable, the court orders a public sale. A court-appointed commissioner oversees the sale, sets terms, and distributes net proceeds pro rata after deducting costs. See Ala. Code § 6-6-231 and § 6-6-239.
Example Hypothetical: Two siblings inherit a rental house and disagree on listing price and realtor fees. One sibling files a partition action. The court finds partition in kind impractical because the lot is too small. It orders a public sale. A commissioner lists the property at a fair market value, handles the auction, pays outstanding taxes and repair costs, and splits the net proceeds 50/50.
In many cases, courts encourage co-owners to mediate before or during litigation to negotiate a buyout or agree on a private sale. If you and your co-owner had a written co-ownership or buy-sell agreement, the court might enforce its procedures instead of default partition rules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Review any existing co-ownership agreement to see if it sets out sale or cost-sharing rules.
- Consider mediation to save time and legal fees.
- File a partition action early if negotiations stall—waiting too long can increase litigation costs.
- Understand that courts may order either a partition in kind or a sale depending on fairness and practicality.
- Factor in court costs, commissioner’s fees, and any outstanding liens before filing.