How will the sale proceeds be divided among co-owners after the property is sold in a partition? (AL)
Detailed Answer Quick summary: In Alabama, when a court orders the sale of co-owned real property in a partition action, the sale proceeds are first used to pay liens, mortgages, sale costs, commissions, and court-ordered adjustments (such as reimbursement for necessary advances or improvements). Any remaining net proceeds are distributed to the co-owners according to […]
Read article →How can I file a partition-for-sale suit in Alabama when a minority of the siblings won’t agree to sell our inherited land?
Detailed Answer: How to file a partition-for-sale suit in Alabama when some heirs refuse to sell Short summary If you and one or more siblings jointly own inherited land in Alabama and a minority of the co-owners refuse to sell, you can file a court action called a partition suit asking the court to divide […]
Read article →Who should be listed as petitioners on the partition lawsuit? (AL)
Detailed Answer Short answer: The petitioners should be the people or entities who currently hold legal or equitable interests in the property and who are asking the court to partition it (for example, co-owners, a trustee for the trust that holds title, or a personal representative acting for an estate). Minors, incapacitated persons, and unknown […]
Read article →What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? – AL
Detailed Answer — What to expect under Alabama law when mediation fails and you file a partition action If mediation over jointly owned land does not resolve the dispute, a co-owner can ask a court to force a division or sale of the property through a partition action. In Alabama, partition actions are governed by […]
Read article →How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value? – AL
Detailed Answer — How to get a fair buyout of your interest in family land in Alabama When a co-owner offers far less than an appraisal for your share of family land, you have practical negotiation options and legal remedies under Alabama law. This answer explains step-by-step actions, key legal concepts, and likely outcomes so […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? — Alabama (AL)
Detailed Answer — How co-owners start a partition action in Alabama Short answer: In Alabama, a co-owner who wants the court to divide or sell jointly owned real property files a partition action in the circuit court where the property is located. The court will try to divide the property in kind if reasonably possible; […]
Read article →How is property divided in an actual partition of real property when some acres are better than others? (AL)
How a Alabama court divides land in an actual partition when some acres are better than others Short answer: Alabama courts prefer a partition in kind (physically dividing the land) when it is practical. When some acres are worth more than others, the court uses valuation, allotment, and often money adjustments so each co‑owner receives […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (AL)
FAQ: Obtaining Money Instead of a Physical Share of Co-Owned Property under Alabama Law Disclaimer: This article is for general informational purposes only and is not legal advice. Consult a licensed Alabama attorney about your specific situation before taking action. Detailed Answer — How a co-owner can receive monetary compensation rather than physical property If […]
Read article →Can I negotiate with my siblings to avoid a partition action in Alabama on inherited property?
Detailed Answer In Alabama, co-owners of inherited real estate can often avoid a formal partition action by negotiating an agreement among themselves. Under Ala. Code §6-6-2 (2023), any co-owner has the right to seek partition, but they also have the freedom to carve out their own resolution. Common paths include: Buy-out: One sibling purchases the […]
Read article →How can a co-owner seek reimbursement for improvements made to estate real property under Alabama law?
Detailed Answer Under Alabama law, a co-owner of real property—whether as tenants in common or joint tenants—can recover money spent on improvements that increased the propertys value. Courts handle this through a partition action or an equitable accounting. Both paths allow a co-owner to seek credit for necessary and beneficial improvements. 1. File a Partition […]
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