What steps are required to initiate or consent to a partition action before a court-appointed commissioner in Alabama? | Alabama Partition Actions | FastCounsel
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What steps are required to initiate or consent to a partition action before a court-appointed commissioner in Alabama?

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under Alabama law, joint owners of real property can seek a partition to divide or sell a property when one or more co-owners request it. The process follows the Partition of Lands statutes in Title 6, Chapter 6 of the Code of Alabama. Below are the key steps to initiate or consent to a partition action before a court-appointed commissioner.

1. Prepare and File a Partition Petition

A co-owner begins by filing a petition in the circuit court of the county where the property lies. The petition must:

  • Identify all co-tenants by name and address.
  • Describe the property with sufficient legal detail.
  • State the type of partition sought (in kind or by sale).

Refer to Ala. Code § 6-6-3 for mandatory petition requirements. See Chapter 6.

2. Serve Notice on All Co-Tenants

After filing, the petitioner must serve the petition and a summons on every co-owner according to Alabama Rules of Civil Procedure, Rule 4. Proper service ensures each party can respond or consent to the partition.

3. File Consents or Waivers

If all co-owners agree, they can sign written consents or waivers in favor of the requested partition method. Voluntary consents streamline the process and may eliminate the need for a contested hearing.

4. Appointment of Commissioner

Once the court reviews the petition (and any consents), it orders the clerk to appoint a disinterested commissioner. The clerk issues a commission, and the commissioner must take an oath and post bond as required by Ala. Code § 6-6-23. See § 6-6-23.

5. Commissioner’s Duties and Notices

Within 10 days of appointment, the commissioner must notify all co-owners of any inspection or sale date. The commissioner evaluates whether partition in kind is practical; if not, they arrange a public sale under Ala. Code § 6-6-25. See §§ 6-6-24 to 6-6-25.

6. Report, Objections, and Final Decree

After completing the partition or sale, the commissioner submits a written report to the court under Ala. Code § 6-6-26. Co-tenants have 10 days to file objections. If the court finds the report fair and proper, it confirms the sale, allocates proceeds among co-owners based on their interests, and enters a final decree. See § 6-6-29.

Helpful Hints

  • Review your deed and title abstract before filing.
  • Discuss voluntary buyouts to avoid litigation costs.
  • Confirm service methods comply with Rule 4, Ala. R. Civ. P.
  • Keep track of deadlines for objections and bond postings.
  • Consult a qualified attorney for complex property boundaries or title issues.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.