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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.
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 court may order the property sold and for the proceeds to be split between the co-owners.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.
What is an Alabama survivorship Deed? In Alabama, survivorship deeds are sometimes used for ownership among multiple property owners. Following the death of one of the owners, a survivorship deed passes ownership on to the surviving owner automatically, by operation of law, without the need for probate.