Alabama: How to Force a Sale or Division of Family Land Co-Owned with Siblings and Their Children
How to force a sale or division of co-owned family land in Alabama Disclaimer: This article explains general Alabama law and common practice. It is educational only and is not legal advice. Consult a licensed Alabama attorney about your specific situation. Detailed Answer — What you need to know and the usual steps If you […]
Read article →How to File a Partition Lawsuit in Alabama
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 […]
Read article →How to File a Partition Action in Alabama to Force Sale of an Inherited Interest
Detailed answer If you inherited an ownership interest in family land in Alabama and want a court to divide or sell the property so you can receive your share in cash, you would generally bring a civil action for partition in the appropriate Alabama court. A partition action asks the court either to divide the […]
Read article →Can a Court Appoint a Commissioner to Conduct a Private Sale in an Alabama Partition Action?
When and How a Court Can Appoint a Commissioner to Handle a Private Sale in an Alabama Partition Action Detailed Answer Short answer: Yes — under Alabama law you can ask the court to appoint a commissioner to conduct a private sale in a partition action, but the court will only allow it if the […]
Read article →Alabama: Can You Negotiate a Co-Owner Buyout Instead of Filing a Partition Lawsuit?
Negotiating a Buyout with a Co-Owner Instead of Court Partition — Alabama Guide Short answer: Yes — under Alabama law you can usually negotiate and complete a buyout of a co-owner’s share instead of filing a partition action. A voluntary buyout is often faster, cheaper, and gives you more control over price and terms. This […]
Read article →Alabama: Forcing a Sale of Inherited Co-Owned Land — What You Need to Know
Can a co-owner force a sale of inherited land in Alabama? Short answer: Yes. Under Alabama law, a co-owner can ask the court to partition property and, when division in kind is impracticable, request a court-ordered sale. This article explains how that process typically works, what to expect, and practical options before filing suit. Detailed […]
Read article →Alabama — Who Pays for a Property Survey When Co-Owners Disagree?
Who Pays for a Property Survey When Co-Owners Disagree? — Alabama Guide Short answer When co-owners in Alabama disagree about getting a property survey, there is no single automatic rule that forces one party to pay. Typically, the person who requests the survey will pay up front. If the disagreement leads to a lawsuit (for […]
Read article →Keeping an Inherited House in Alabama: Options for Multiple Heirs
Detailed Answer — How heirs can keep an inherited house in Alabama This answer explains common legal options in Alabama when several heirs inherit a house together. It assumes the heirs hold the property as co-owners (often as tenants in common) after a death and that you want to avoid a forced sale. This is […]
Read article →Alabama: How to Start a Partition Action to Divide or Sell Real Estate
Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed Alabama attorney. Detailed Answer If two or more people own the same real property in Alabama and cannot agree about keeping, dividing, or selling it, any co-owner can ask a court to force a division or sale […]
Read article →Buying Out Siblings’ Interests in a Co-Owned Alabama Home: Steps to Keep the House
Detailed Answer — How to buy out your siblings’ interests in a co-owned Alabama home Short answer: First determine each owner’s legal share and the home’s current market value. Then negotiate a buyout price, arrange financing (often by refinancing the mortgage in your name), document the purchase with a deed and buyout agreement, and record […]
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