(251) 299-0101

PROPERTY - A MOBILE HOME WITH A CERTIFICATE OF TITLE IS PERSONAL PROPERTY; SALE OF REAL PROPERTY FOR DIVISION OF PROCEEDS - GRIFFITH V. AMES

Griffith v. Ames, [Ms. 2110115, Sept. 7, 2012] __ So. 3d __ (Ala. Civ. App. 2012). Beverly Ames sued her brother Michael Griffith for sale for division of real property they jointly owned. Griffith objected and requested equitable partition. The trial court granted relief to Ames, held that a mobile home on the property had become a fixture, and ordered sale for division. The Supreme Court reversed the holding that the mobile home had become real property, because Griffith had renewed the certificate of title to it in 2011, and the Supreme Court had previously held that a mobile home is personal property unless and until the certificate of title is canceled. The Court affirms the denial of Griffith's request for equitable partition, even though part of the basis for that ruling was the presence of the mobile home on the property. The property fronts in part on Lake Martin and in part on a slough leading into the lake. Division of the property in half would give one owner access only to the slough and the other owner access to the lake, and the Court held that this fact was sufficient to sustain the denial of the request for partition in lieu of sale for division.
RELATED DOCUMENTS
Categories: