Alabama: Forcing a Sale When Some Family Members Refuse to Sell
When Co-Owners Disagree: How Alabama Law Handles Forced Sales of Family Property Not legal advice. This article explains general Alabama law and how courts commonly handle disputes over jointly owned property. Consult a licensed Alabama attorney to get advice for your exact situation. Detailed Answer If some family members want to sell a piece of […]
Read article →Alabama: Rights When a Co-Owner Has a Life Tenancy and Lives on the Property
Detailed Answer — Your rights when a co-owner holds a life tenancy and occupies the property Short summary: In Alabama, a person with a life tenancy (a life estate) generally has the legal right to possess and use the property for the length of that life tenancy. A co-owner who holds the remainder or reversion […]
Read article →Alabama — Can a Life Tenant Continue Living in the House During a Partition?
Can a life tenant continue living in the house during a partition in Alabama? Short answer: In Alabama, a life tenant generally has the right to possess and live in the property for the length of the life estate. A co-owner (including a remainderman) can sue for partition of the property, but a partition action […]
Read article →Filing a Partition Action in Alabama When Inherited Co-Owners Won’t Respond
Can I force a sale or divide inherited real estate in Alabama when co-owners won’t respond? Short answer: Yes. Under Alabama law, a co-owner of real property can start a partition action in circuit court to force a division of the property or a sale and distribution of proceeds. The court can proceed even if […]
Read article →Alabama FAQ: What Happens When Co‑Owners Disagree and a Court‑Appointed Commissioner Conducts a Private Sale?
What happens when co‑owners disagree and a court‑appointed commissioner conducts a private sale of a co‑owner's share under Alabama law? Short answer: When co‑owners cannot agree, an Alabama court can order partition or sale of the property. If the court appoints a commissioner to sell a co‑owner’s interest privately, the commissioner conducts the sale under […]
Read article →Alabama: Forcing the Sale of an Inherited Parcel — How Partition Works and What to Do
Detailed Answer: How to force the sale of an inherited parcel under Alabama law Short answer: If one co‑owner (an heir or beneficiary) refuses to list or sell an inherited parcel, a co‑owner can file a civil lawsuit for partition in Alabama. A partition action asks the court either to divide the property physically among […]
Read article →Alabama: Including Mortgage, Property Taxes, and Carrying Costs in Your Share of Sale Proceeds
Detailed Answer When a property is sold, the lender, taxing authorities, and lienholders are paid first. What remains — the sale proceeds — is divided among owners according to ownership rights, agreements, or a court order. Whether you can deduct mortgage payments, property taxes, insurance, and other carrying costs you personally paid out of the […]
Read article →Alabama: Paperwork You Need to Prove House Expenses in a Partition Case
How to Prove House Expenses in an Alabama Partition Case Disclaimer: This is general information and not legal advice. I am not a lawyer. For legal advice about your situation, consult a licensed Alabama attorney. Short Answer — What the court will want In an Alabama partition case, the court will want clear, organized proof […]
Read article →Alabama: How to File a Partition Action to Force Sale of a Co‑Owned House — FAQ
Detailed answer — Forcing a sale of a co‑owned house in Alabama This FAQ explains, in plain language, how someone in Alabama can ask a court to force the sale of real property owned jointly with another person who refuses to cooperate. This is a general explanation only; it is not legal advice. What is […]
Read article →Alabama: Requiring Co‑owners to Produce Mortgage Statements and Repair Receipts Before Dividing Sale Proceeds
Short answer You can ask a co-owner for mortgage statements, payoff quotes, and repair receipts before sale proceeds are divided. Under Alabama law a co-owner who controls funds or who seeks a distribution may be required to provide an accounting of encumbrances, contributions, and expenses. If a co‑owner refuses, a court handling a partition or […]
Read article →