Can I force the sale of a house I own with two other co-owners in Alaska?

Short answer: Yes. If you and the other owners cannot agree, a co-owner can ask an Alaska court to order a partition of the property. The court can either divide the property physically (partition in kind) or, if division is impractical, order a sale and divide the proceeds among the owners. This article explains how the process normally works, what choices you have before suing, and what to expect in Alaska.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Alaska attorney.

How partition actions work in Alaska

When two or more people own property together and cannot agree about its use or disposition, any co-owner may file a lawsuit called a partition action in the Alaska Superior Court. The court’s job is to resolve the ownership dispute fairly. The most common outcomes are:

• Partition in kind: The court divides the land so each owner receives a distinct portion. Courts prefer this if land can be divided without materially decreasing its value or utility.
• Partition by sale: If the property cannot be fairly or practically divided (for example, a small single-family house on one lot), the court will order the property sold and distribute net proceeds to the owners according to their ownership shares.

Steps to force a sale (practical roadmap)

Below is a typical sequence you can expect when trying to force a sale in Alaska.

1. Confirm ownership type and shares. Determine whether you hold the property as tenants in common or joint tenants with right of survivorship, and confirm each owner’s percentage interest. Tenants in common can bring partition actions. Joint tenancy can often be severed and converted to tenants in common, which also allows partition. Gather the deed, title report, mortgage statements, and any recorded agreements.
2. Try informal resolution first. Courts expect parties to try negotiation or mediation before suing. Offer a buyout (with a written offer), suggest selling on the open market and splitting proceeds, or propose mediation. A neutral appraisal will support a fair buyout figure.
3. Provide written demand. Send a written demand to co-owners outlining your proposal (sale, buyout, or other). Keep copies. This shows you attempted to resolve the dispute without court intervention and can help later if the court considers costs or attorneys’ fees.
4. File a partition action in Superior Court. If negotiations fail, file a partition complaint in the Alaska Superior Court in the judicial district where the property sits. The court will issue process, and all co-owners and lienholders must be notified. (See Alaska statutes and court rules for filing procedures: Alaska Statutes at https://www.akleg.gov/basis/statutes/ and Alaska court rules at https://www.courts.alaska.gov/rules/.)
5. Court procedures and interim relief. The court may hold hearings on temporary issues such as who lives in the property, who pays mortgage and taxes while the case is pending, and whether a receiver should be appointed to manage the property. Expect discovery (exchange of documents) and possibly an appraisal or other expert testimony.
6. Partition in kind vs. sale. The judge will determine whether a physical division is feasible. If not, the court will order a sale. In a sale, the court may appoint a commissioner or allow the parties to list the property with a real estate broker and supervise the sale process.
7. Paying liens and splitting proceeds. Sale proceeds first satisfy mortgages, tax liens, and other recorded encumbrances. Net proceeds are divided according to ownership shares after deducting sale costs, taxes, and court-ordered expenses.
8. Costs, fees, and possible attorney’s fees award. Partition lawsuits can be costly. Alaska courts may award costs and sometimes attorney’s fees if statutory criteria or contract provisions allow. Be prepared for fees, appraisals, and possibly a lengthy process.

Hypothetical example

Three brothers own a house as tenants in common (each with one-third). Two want to sell; one wants to keep it. After failed negotiations and mediation, one brother files a partition action. The court finds a physical division impractical and orders a supervised sale. The mortgage and liens are paid from proceeds, sale costs deducted, and each brother receives one-third of the net proceeds.

What information and documents to gather now

• Deed and chain of title showing how owners hold title
• Mortgage and payoff statements
• Recent property tax statements
• Any written agreements among co-owners (buy-sell agreements, family agreements)
• Recent appraisal or professional opinion of value
• Records of payments for maintenance, improvements, taxes, rent, or mortgage by any co-owner

Alternatives to filing a partition action

• Buyout: Offer to buy the other owners at a fair market price established by appraisal.
• Sell by agreement: Agree to sell the house and split proceeds.
• Mediation: Neutral mediator can help reach a sale or buyout agreement.
• Lease or revenue sharing: Rent the property and allocate income per ownership share until owners agree.

Risks, timeline, and expected costs

Partition suits can take months to more than a year depending on local court schedules, complexity, and whether the case goes to trial. Costs include court filing fees, attorney fees, appraisal fees, taxes, and sale expenses. Sometimes the cost of litigation reduces the amount owners receive on sale. Consider mediation or buyout offers before filing.

Relevant Alaska resources and statutes

Alaska does not treat partition actions differently in a way unique from most states: the Alaska statutes and civil rules govern civil actions, including property partition. For official texts and filing rules, see:

• Alaska Statutes (official compilation): https://www.akleg.gov/basis/statutes/
• Alaska Court Rules: https://www.courts.alaska.gov/rules/
• Alaska Court System—Self-Help and civil procedure information: https://www.courts.alaska.gov/shc/

When to consult an Alaska attorney

Talk with an Alaska real property litigator if any of the following apply:

• Co-owners refuse to negotiate or are evasive
• There are mortgages, tax liens, or other encumbrances
• One owner is living in the property and refusing access
• Valuation disputes or complex improvements exist
• You want to understand likely costs, timing, and the best strategy

Helpful Hints

• Start with a neutral appraisal before making an offer or filing suit.
• Keep written records of all offers, payments, repairs, and communications.
• Attempt mediation early — courts often expect it and it can save time and money.
• Understand liens and mortgages: they get paid first from sale proceeds.
• Consider whether a buyout is more cost-effective than litigation.
• Ask the court about interim relief (e.g., who pays mortgage/taxes while the case proceeds).
• Be realistic: litigation expenses can reduce the money you actually receive.

If you decide to proceed, an Alaska attorney can evaluate title documents, estimate litigation costs, and advise whether to pursue a buyout, mediation, or a partition action.