Alabama Partition Laws
Alabama Law On Property Partition
When two or more people own property in the state of Alabama, they have what is called a concurrent estate interest in the property. When these Alabamans no longer wish to own the property together, either one or both of them must seek a partition of the property from a court of law. The co-owners can either negotiate to create a mutually agreed upon contract that divides the land or provides for the sale of the land, or they can litigate the issue in court until a judge forces a judicial partition.
The two major types of partition are partitions in kind and partitions by sale. A partition in kind creates a physical division of the property, while a partition by sale forces an auction of the property, and the co-owners share the proceeds. The division of land or proceeds depends on what kind of tenancy the partners had. In Alabama, the two types of tenancies are joint tenants and tenants in common. Joint tenants have to share the property or proceeds in equal shares, whereas tenants in common can share the property based on whatever percentage of interest they initially had in the property.
In Alabama, the laws of mortgages follow title theory, which means that any lender, bank, or mortgagor of a property owns title to the property through a deed of trust. This means that any lender is a necessary party to the partition litigation. However, lenders do not have a right of partition themselves. Their remedy is through foreclosure.
If you are a co-owner of a property in Alabama, and you wish to get a partition for your share of the property, you should consult with an Alabama real estate partition lawyer about the steps you should take. A partition is your right, and the right attorney can help you get what you deserve.