Alabama Complaint for Partition of Real Property

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US-02663BG
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A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.


An Alabama Complaint for Partition of Real Property is a legal document filed in court to request a division or sale of jointly owned real estate when the co-owners cannot agree on how to distribute the property. Keywords: Alabama, Complaint for Partition, Real Property, co-owners, division, sale, jointly owned, distribute. In Alabama, when multiple individuals or entities own a piece of real property together, they are considered co-owners or tenants in common. If the co-owners cannot come to a mutual agreement on how to divide the property, a Complaint for Partition can be filed in court to legally force the property's partition or sale. This complaint is a formal legal document that outlines the basis for the request and provides relevant information about the property in question. The purpose of the complaint is to demonstrate to the court that a partition is necessary and in the best interests of the co-owners. The Alabama Complaint for Partition includes the names and addresses of all the co-owners involved, a detailed description of the property, and the percentage of ownership held by each party. The complaint also highlights the inability of the co-owners to agree on the division of the property and the efforts made to reach a resolution outside of court. There are two main types of Alabama Complaint for Partition of Real Property: 1. Complaint for Partition by Physical Division: In this type of complaint, the co-owners request the court to physically divide the property into separate portions, ensuring each owner receives their share. However, physical division may not always be feasible, especially if the property is a single-family home or has certain unique characteristics. 2. Complaint for Partition by Sale: When physical division is impractical or undesirable, the co-owners may opt for a Complaint for Partition by Sale. This type of complaint seeks to sell the property and divide the proceeds among the co-owners based on their percentage of ownership. The court will appoint an impartial commissioner or trustee to oversee the sale process and ensure fairness. In conclusion, an Alabama Complaint for Partition of Real Property is a legal filing that aims to resolve conflicts between co-owners regarding the division or sale of jointly owned real estate. Both the Complaint for Partition by Physical Division and the Complaint for Partition by Sale offer viable solutions to ensure equitable distribution among co-owners when an amicable agreement cannot be reached.

An Alabama Complaint for Partition of Real Property is a legal document filed in court to request a division or sale of jointly owned real estate when the co-owners cannot agree on how to distribute the property. Keywords: Alabama, Complaint for Partition, Real Property, co-owners, division, sale, jointly owned, distribute. In Alabama, when multiple individuals or entities own a piece of real property together, they are considered co-owners or tenants in common. If the co-owners cannot come to a mutual agreement on how to divide the property, a Complaint for Partition can be filed in court to legally force the property's partition or sale. This complaint is a formal legal document that outlines the basis for the request and provides relevant information about the property in question. The purpose of the complaint is to demonstrate to the court that a partition is necessary and in the best interests of the co-owners. The Alabama Complaint for Partition includes the names and addresses of all the co-owners involved, a detailed description of the property, and the percentage of ownership held by each party. The complaint also highlights the inability of the co-owners to agree on the division of the property and the efforts made to reach a resolution outside of court. There are two main types of Alabama Complaint for Partition of Real Property: 1. Complaint for Partition by Physical Division: In this type of complaint, the co-owners request the court to physically divide the property into separate portions, ensuring each owner receives their share. However, physical division may not always be feasible, especially if the property is a single-family home or has certain unique characteristics. 2. Complaint for Partition by Sale: When physical division is impractical or undesirable, the co-owners may opt for a Complaint for Partition by Sale. This type of complaint seeks to sell the property and divide the proceeds among the co-owners based on their percentage of ownership. The court will appoint an impartial commissioner or trustee to oversee the sale process and ensure fairness. In conclusion, an Alabama Complaint for Partition of Real Property is a legal filing that aims to resolve conflicts between co-owners regarding the division or sale of jointly owned real estate. Both the Complaint for Partition by Physical Division and the Complaint for Partition by Sale offer viable solutions to ensure equitable distribution among co-owners when an amicable agreement cannot be reached.

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How to fill out Alabama Complaint For Partition Of Real Property?

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FAQ

An heir can sell their interest in heirs property. Do all heirs have to agree for heirs property to be sold? Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.

Adverse Possession in Alabama Code SectionCode of Alabama 6-5-200: Adverse PossessionTime Period Required for Occupation20 yrs. Bradley v. Demos 599 So.2d 1148 and Color of Title: 10 yrs. and Payment of Taxes: 10 yrs.Time for Landowner to Challenge/Effect of Landowner's Disability-Improvements-2 more rows

Quiet title action represents a legal proceeding whereby an entity or person claims title to a portion or all of a specific real property. The Plaintiff asks the Court for a ruling that their title is superior to any other interest claimed by the Defendant.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

$5,000. Upon successful application, the BLBA will acquire a tax deed and clear title to the requested property.

Adverse Possession in Alabama Alabama generally requires that someone possess a piece of property for 20 consecutive years before they become owners, but there are exceptions. If the other party falls under one of these exceptions the time period may be reduced to 10 years.

How to Succeed in Quiet Title Actions? Get legal advice: ... Collect evidence and research: ... Identification of potential defendants: ... Served with notice: ... Make a complaint: ... Defend against counterclaims: ... Make your case in court: ... Get a quiet title judgment:

A ?quiet title? action is an action to settle the entirety of title interest in real estate in one person or entity (a business, estate, government agency, or trust). This is a lawsuit filed in a circuit court in the county in which the property is located.

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Nov 6, 2019 — When one owner is ready to force a division or sale, s/he can do so by filing a “Petition to Partition” the real estate, in the circuit court of ... Dec 20, 2022 — A partition action is a lawsuit that asks the court to determine the ownership shares of the property and the value of the property. The ...(3) If the court approves the request made pursuant to subdivision (1) with respect to any cotenant who was named as a defendant and served with the complaint ... Feb 6, 2019 — ... file a petition for partition as soon as the estate closes. The probate period ended in May 2018 and the estate is currently still open. All ... Utilize the Search field on top of the webpage if you need to look for another document. Click Buy Now and choose a convenient pricing plan. Create an account ... May 24, 2023 — File a petition to partition or a partition action — It has to be filed in the court where the real estate is located, and all co-owners have to ... Feb 13, 2023 — A partition action enables you to force the sale of property when co-owners are refusing to sell. Read Keystone's comprehensive guide on ... Any owner can file a Partition action at any time, absent a waiver. The most common cases are among family members who co-own property without an ownership ... Sep 8, 2021 — In the event of a partition or sale, Defendants claim a right to ... Partition of sale of the property would be unfair under the circumstances. Before completing the complaint form below, please take the time to read these instructions; they will help you understand our function and better help us ...

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Alabama Complaint for Partition of Real Property