Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an attorney to discuss your specific circumstances.
Detailed Answer
What Is a Partition Action?
Under Alaska law, a partition action is a civil lawsuit filed by one or more co-owners of real property who wish to divide their shared interest. Instead of continuing a shared ownership arrangement that leads to disputes over use, expenses, or management, the court orders either a physical division of the land or a sale of the entire property.
Who Can File?
Any co-owner—whether a tenant in common or joint tenant—may petition the Alaska Superior Court in the judicial district where the property lies. Alaska Statute AS 09.45.010 authorizes this proceeding.
How Does the Process Work?
- Complaint: A co-owner files a complaint for partition, identifying all titleholders and describing the property.
- Service and Response: Each co-owner receives notice and can respond, raise objections (e.g., boundary disputes) or claim an interest (improvements or liens).
- Hearing: The court holds a hearing to confirm ownership shares and assess whether a physical division is practicable.
- Physical Division vs. Sale: Per AS 09.45.030, the court will order a physical split if it can be made without unfairly harming any party. If the property cannot be fairly divided, the court orders a sale and divides the proceeds among co-owners.
- Appointment of Commissioner: The court often appoints a referee or commissioner to survey, divide, or sell the property and to report back with recommendations.
- Distribution of Costs and Proceeds: After sale or division, the court allocates sale costs, commissions, taxes, and any credits for improvements. Remaining proceeds are distributed according to each owner’s share.
Costs, Improvements, and Liens
Co-owners may claim credit for expenses they paid, such as mortgage payments, taxes, or improvements. The court considers these claims and adjusts distributions to ensure fairness. Any lienholder with a recorded interest must be paid out of sale proceeds before co-owners receive their shares.
Timeline and Practical Considerations
A partition action generally takes several months from filing through sale or division. The timeline depends on court schedules, complexity of boundary issues, and whether co-owners contest any part of the process.
Helpful Hints
- Locate and review all deeds, surveys, and title documents before filing.
- Identify each co-owner’s percentage interest (tenancy in common vs. joint tenancy).
- Consider mediation to narrow disputes and reduce costs.
- Budget for court fees, surveyor costs, and commissioner’s fees.
- Keep detailed records of property expenses and improvements.
- Consult an attorney with experience in Alaska property law early in the process.