Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Alabama law, co-owners of real property who cannot agree on possession or use may file a partition action in the circuit court where the land lies. The key statutory provisions appear in Title 34, Chapter 29 of the Code of Alabama. Here’s how the forced-sale process works:
- Filing the Complaint: Any co-owner (plaintiff) serves a written complaint on all other co-owners (defendants). The complaint must include:
- The names and addresses of all parties.
- A legal description of the property.
- A request for partition or sale.
- Service and Response: Defendants have 30 days to answer. The court then schedules a partition hearing.
- Partition in Kind vs. Sale: At the hearing, the court will determine whether the property can be physically divided (partition in kind) without prejudice to any party’s interest (Ala. Code § 34-29-10). If an in-kind division is impracticable or inequitable, the court orders a public sale of the entire property.
- Appointment of Commissioner: The court appoints a commissioner (often a surveyor or real estate professional) to oversee the sale. The commissioner:
- Advertises the sale according to court instructions.
- Conducts a public auction.
- Reports the sale price and purchaser details back to the court (Ala. Code § 34-29-47).
- Confirmation of Sale and Distribution: After the sale, the court holds a confirmation hearing. If the sale is fair and proper, the court confirms it and directs the commissioner to distribute the net proceeds among the co-owners according to their ownership interests.
Through this statutory procedure, a co-owner who cannot obtain an agreeable partition in kind can force a sale and receive a share of the proceeds in lieu of direct ownership.
Helpful Hints
- Gather all title documents and co-owner information before filing.
- Check local court rules for filing fees and formatting requirements.
- Consider mediation to avoid court costs and a forced sale.
- Hire a surveyor early to assess whether partition in kind is feasible.
- Prepare for potential appraisal requirements to set a fair minimum bid.
- Be ready to deposit funds as security if you object to the commissioner’s report.