Detailed Answer

Short answer: Under Alaska law, a co-owner can ask the Superior Court to partition real property when co-owners cannot agree. The court will try to divide the property physically (partition in kind). If physical division is impracticable or unfair, the court can order the property sold and the proceeds distributed among the owners. This process generally requires filing a partition action in the Alaska Superior Court where the property is located.

Who can start a partition action?

Any person who holds a legal or equitable interest in real property in Alaska may file a partition action. Typical co-owners include tenants in common and, in some situations, co-tenants who inherited an interest. You must have a recorded or provable ownership interest in the property to start the case.

Key Alaska statute

The Alaska partition statutes govern the process and remedies. See the Alaska statutes on partition for the statutory rules and procedure: AS 09.45.010 et seq. (Partition).

Step-by-step process to force a partition sale in Alaska

1. Confirm ownership and title status. Get a copy of the deed and any probate documents. Determine whether the property is held as tenancy in common, joint tenancy, or whether title is still in the decedent’s name and the estate must be resolved first. If the estate has not been probated and title remains in the decedent, you may need to open or complete probate before a partition action can resolve ownership.
2. Try negotiation first. Alaska courts expect parties to try to resolve ownership disputes when possible. Offer a buyout, propose a sale and split proceeds, or agree to an interim rental arrangement. Mediation can be faster and far cheaper than litigation.
3. Prepare and file a partition complaint. If negotiation fails, file a complaint for partition in the Alaska Superior Court in the judicial district where the property sits. The complaint must identify the property, describe each owner’s interest, and request partition in kind or sale. The court will notify all interested parties and give them an opportunity to respond.
4. Court evaluation. The court will consider whether the property can be fairly divided. If a partition in kind is practical and equitable, the court may order the property split among co-owners. If division would be impractical, would significantly reduce value, or would produce unequal results, the court is likely to order a sale.
5. Appointment of commissioners or sale procedure. The court often appoints commissioners (or a referee) to survey and divide the land or to conduct the sale. When the court orders sale, the property is sold—usually at auction or by directed sale—and proceeds are distributed after paying costs, liens, and any court-allowed credits for improvements or expenditures by co-owners.
6. Distribution of proceeds and liens. Proceeds pay mortgage liens, taxes, sale costs, and commissioner fees first. Remaining funds go to co-owners according to their ownership shares, subject to court adjustments for contributions, improvements, or equitable claims.

Practical considerations and common complications

• Mortgages and liens: A mortgage or lien follows the property and must be satisfied or addressed. The lender’s interest affects sale timing and the amount each owner receives.
• Probate issues: If the decedent’s estate still holds title, you may need to settle the estate or have the personal representative involved in the partition action.
• Type of co-ownership: Joint tenancy with right of survivorship may prevent a tenancy-in-common partition claim if title passed automatically at death. Confirm how title passed.
• Costs and timeline: Partition litigation can take many months and involve filing fees, appraisal and survey costs, commissioners’ fees, attorney fees, and sale expenses. Net proceeds can be much less than expected after costs.
• Possession and use: If one co-owner is living in the house, the court can address rents, use, or possession during litigation. Expect the court to consider equitable adjustments for occupancy and improvements.

Sample hypothetical to illustrate

Suppose you inherited a one-half interest in your late father’s house with your sibling, and you are tenants in common. You asked your sibling to buy you out, but they refused. You file a partition complaint in the Superior Court. The court orders an appraisal and appoints commissioners to assess whether the lot can be split. The commissioners report that physical division would render each parcel unusable. The court therefore orders a sale. The house sells at a court-directed sale. After paying the mortgage balance, taxes, commissions and court costs, the remaining proceeds are split according to your ownership shares.

Helpful Hints

• Gather the deed, death certificate, mortgage statements, tax bills, and any probate case numbers before you file.
• Check the deed to see whether title is joint tenancy or tenancy in common. That affects your legal rights.
• Run a title search or hire a title company to identify mortgages, liens, easements, and other encumbrances.
• Get a market appraisal early to set realistic expectations for value and possible sale proceeds.
• Consider mediation or a buyout offer; courts often view good-faith settlement attempts favorably and settlements save money and time.
• Talk to an Alaska real property attorney for procedural help, to draft pleadings, or to evaluate complex issues such as lien priorities, probate conflicts, or equitable claims.
• Ask the Superior Court clerk for local filing rules and any standard forms; rules and fees vary by district.
• Be prepared for costs: commissioner fees, appraisal costs, attorney fees, and sale expenses can significantly reduce net proceeds.

Where to get more information and forms

For the statutory text on partition, see AS 09.45.010 and following provisions: AS 09.45.010 et seq. (Partition). For court forms and local Superior Court procedures, visit the Alaska Court System website: https://www.courts.alaska.gov/. Contact the clerk of the Superior Court in the judicial district where the property is located for filing information and fees.

Final note and disclaimer

This article explains general Alaska law on partition actions and gives practical steps you can take. It is educational only and not legal advice. Your situation may involve unique facts—probate issues, mortgages, or title nuances—that change the correct approach. To protect your rights, consult a licensed Alaska attorney before filing suit or taking major actions.