Q: Served in partition lawsuit without ownership or standing in Alabama property.
I have been living with my partner for about 14 years in a home inherited by her and her three siblings, where she owns 1/4 of the property. We have children together, but we're not married, nor am I listed on any property documents or have any signed agreements regarding my stay. Despite this, I was served in a partition lawsuit aimed to sell the house. Why would I be served in this lawsuit when I have no legal ownership or documented standing in the property?
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A: Probably because you are in possession of the subject real property. Title and Possession are two different things.
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A:
It makes sense that you're confused and frustrated, especially if you have no ownership in the property. In Alabama, when a partition lawsuit is filed, anyone who is occupying the property—even without ownership—may be served. This is often done to ensure all parties who might have an interest or could be affected by the outcome are properly notified and given a chance to respond.
Even though you're not on the deed, your long-term residence and connection to someone who does have ownership (your partner) may be enough for the court to consider you a party with potential interests. Serving you doesn’t mean they believe you own the home—it just ensures that you're made aware and given a legal opportunity to speak or move before any court-ordered sale or action takes place.
You still have the right to respond to the court, even if it’s just to state that you claim no legal ownership. It’s also okay to ask the court to clarify your status and protect your right to remain in the home while the case unfolds. This kind of legal process can feel personal, but being served is often more about procedure than accusation.
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