Legal Question in Appeals and Writs in Alabama
Writ of partition
subject property has a life estate by woman 70 yrs
old. there are 4 stepchildren involved. Have an offer
to sell property signed by (person w/ life estate) and
two of the other parties. but two decided they did not
want to agree to sell. the home on the property is
falling down and the state is about to four lane the
road in front of this house. she really needs to find
another place to live. A friend said she could file
for a writ of partition. Is this correct?
Asked on 10/25/01, 6:34 pm
1 Answer from Attorneys
Steven Murray
Steven W. Murray, APC
Re: Writ of partition
If the life estate is created by a will or a trust under the probate court's jurisdiction, a petition there can order it sold.
If not, then a partition action can be brought to force a sale.
Answered on 11/22/01, 5:53 pm