Detailed Answer
In Alaska, spouses who own property together hold it as co-owners until a divorce court divides assets. You can file a partition action under Alaska Statutes Chapter 09.45 to split real property. That action lets the court physically divide the land or order a sale and split proceeds. See Alaska Statutes Chapter 09.45. However, most married couples address property division in their divorce proceeding. Under Alaska Statutes § 25.24.160, the court uses equitable distribution to divide marital assets. If you partition property before your divorce finalizes, the divorce court may revisit that division when settling marital estates. Consider whether a partition action conflicts with your divorce strategy.
To succeed in a partition action, you must prove co-ownership and describe the property and your proposed division. The court hears evidence and orders physical partition if it won’t harm any owner. If physical division isn’t practical, the court orders sale and divides net proceeds per ownership share. The nonpetitioner can challenge the petition or propose an alternative partition plan.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction.
Helpful Hints
- Determine whether the property is marital or separate under AS 25.24.160.
- Review Alaska Statutes Chapter 09.45 before filing a partition petition.
- Consult an attorney to align any partition with your divorce strategy.
- Gather deeds, surveys, and co-ownership documents to support your petition.
- Consider mediation or settlement talks to avoid conflicting court orders.