Short answer

To begin a partition action in Alaska, your attorney will need documents and information that prove ownership, show the property boundaries and condition, identify liens and encumbrances, document any agreements or disputes with co-owners, and establish the financial contributions and uses of the property. The more complete and organized the materials you provide, the faster your lawyer can evaluate options (partition in kind, buyout, or judicial sale) and prepare the court filing.

Detailed answer — what a lawyer needs and why

This list covers the most common documents and information an attorney will request to start a partition case in Alaska. Providing these items will let your attorney confirm ownership, determine title type (e.g., tenants in common vs. joint tenancy), check for mortgages or liens, evaluate whether a physical division is possible, and calculate any credits for contributions or reimbursements.

1. Proof of ownership and title documents

• All current deeds and past deeds you possess (warranty deeds, quitclaim deeds).
• Title insurance policy (if one exists) and any recent title search or abstract.
• Current property tax bill and parcel number (from the borough/municipality assessor).
• Property tax receipts showing who paid taxes and when.
• Name(s) and addresses of all current co-owners and how title is held (tenants in common, joint tenants, etc.).

2. Legal description, maps, and surveys

• Recorded legal description of the parcel (found in the deed or county recorder’s office).
• Recent ALASKA land survey(s) or plats; prior surveys, metes-and-bounds descriptions, or subdivision plats.
• Any boundary or surveyor reports, staking records, or GPS data.
• Assessor maps or GIS screenshots showing parcel outlines.

3. Liens, mortgages, and encumbrances

• Mortgage documents and payoff statements.
• Recorded liens, judgments, tax liens, or UCC filings affecting the property.
• Homeowner association (HOA) or condominium rules and dues statements, if applicable.

4. Leases, rental records, and income/expense records

• Current and past leases, tenancy agreements, and rent rolls.
• Records of rents received, security deposits held, and how they were used.
• Expense records for utilities, maintenance, repairs, and improvements (receipts, invoices, canceled checks).

5. Improvements, repairs, and contributions

• Receipts, contracts, or photos documenting improvements or major repairs performed by any co-owner.
• Evidence of who paid for what (bank statements, cancelled checks, credit card statements).
• Photographs of the property and of any disputed or special-use areas (outbuildings, fences, shared driveways).

6. Communications and agreements among owners

• Emails, text messages, letters, or handwritten notes about ownership, use, or sale.
• Formal or informal co-ownership agreements, buy-sell agreements, or memoranda of understanding.
• Demand letters, eviction notices, or prior settlement offers related to the property.

7. Probate, trusts, and estate documents (if a co-owner is deceased)

• Wills, trust documents, letters testamentary, or probate orders that affect ownership.
• Death certificates and any documentation showing transfer of title after death.

8. Litigation, bankruptcy, or other legal matters

• Copies of any prior or pending lawsuits involving the property or the co-owners.
• Bankruptcy filings by any co-owner (cases, schedules, and discharge orders).
• Foreclosure notices or related court documents.

9. Client identification and practical details

• Your government-issued ID and contact information.
• A written summary of key facts: how you acquired your interest, the date you became an owner, who currently occupies the property, who pays taxes and mortgage, and what outcome you want (sell, divide, buy-out, etc.).
• Names and contact info for neighbors, tenants, realtors, surveyors, or other professionals who know the property.

10. Financial and valuation information

• Recent appraisal reports or broker price opinions.
• Comparative market analysis (CMA) if you have one.
• Records showing income from the property and expenses (profit and loss statements).

With these materials your lawyer can run a title search, identify necessary parties, draft a complaint for partition, and advise whether partition in kind (physical division) is feasible or whether the court is likely to order a sale and division of proceeds.

How partition proceedings typically work in Alaska (overview)

Partition actions are civil cases filed in the Alaska Superior Court. The court may order:

• Partition in kind — physically dividing the property among owners if division is fair and practicable.
• Partition by sale — if the court finds physical division impractical, it can order the property sold and proceeds divided among co-owners after deducting liens, costs, and credits.

The court will consider who holds title, contributions to purchase and improvement, payments of taxes or mortgage, and equitable claims between co-owners. Courts sometimes appoint a commissioner or referee to conduct a sale and report final accounting to the court.

For general information about Alaska court procedures and how to file civil cases, see the Alaska Court System: https://www.courts.alaska.gov/. For Alaska statutes and code, see the Alaska Legislature statutes page: https://www.akleg.gov/basis/statutes.asp.

Practical timeline and what to expect next

• Initial intake and document review: 1–3 weeks (depends on how organized your documents are).
• Title search and lien review: 1–2 weeks after title order.
• Drafting and filing the complaint for partition: usually within a few weeks after the attorney has the necessary documents and facts.
• Service on co-owners and the litigation phase: several months to a year or more, depending on disputes, motions, and whether the parties settle.

Timelines vary widely. Delays can occur when co-owners are hard to locate, when probate or bankruptcy complicates title, or when surveys are needed.

Helpful Hints — document checklist and tips

• Organize documents chronologically and make digital copies (PDFs) so your attorney can review them quickly.
• Prepare a one-page timeline summarizing key events (purchase date, improvements, major payments, tenancy changes, any disputes with dates).
• Get a recent property survey or assessor map early—boundary and physical layout often determine whether partition in kind is possible.
• Collect communications with co-owners showing offers to buy or sell, or any attempts to resolve the dispute outside court.
• If a co-owner is deceased, secure probate documents and death certificates before filing if possible.
• If you want to preserve rental income or stop a sale, tell your attorney immediately—temporary injunctions or emergency relief may be available in some situations.
• Be truthful and complete with your attorney. Omitting facts (like bankruptcy or undisclosed mortgages) can harm your case.

How your lawyer will use this information

Your lawyer will:

• Confirm legal ownership and the identity of all necessary parties.
• Order a full title search and locate recorded encumbrances.
• Assess whether partition in kind is feasible or whether a sale is likely.
• Calculate equitable credits (payments by co-owners for mortgage, taxes, improvements) that affect division of proceeds.
• Prepare and file the complaint for partition and handle service, discovery, and negotiations or litigation.

When to hire an attorney

Call an attorney as soon as you and the co-owners cannot agree on the future of the property, or if you discover liens, probate issues, or a co-owner’s bankruptcy. Early legal involvement helps preserve your rights and can sometimes produce a negotiated resolution without a contested court process.

Disclaimer

This information is educational only and does not constitute legal advice. I am not a lawyer. Laws vary by situation and change over time. For specific legal advice about a partition action in Alaska, consult a licensed Alaska attorney who can review your facts and documents.