Initial Partition Hearing in Alaska: Sale Orders & Commissioner Appointment
Disclaimer: This article provides general information about Alaska partition law. It is not legal advice. For advice on your specific situation, consult a licensed attorney.
Detailed Answer
Under Alaska law, co-owners can request a court-ordered partition when they cannot agree on dividing property. At the initial partition hearing, the judge determines whether to order a sale of the property and appoints a commissioner to carry out that sale.
1. Issuing a Sale Order
If the court concludes that dividing the land “in kind” isn’t practical or would unfairly disadvantage any owner, it issues a sale order under AS 09.45.090. The sale order:
- Directs that the entire property be sold publicly or privately.
- Sets key terms: minimum bid, auction date, and bidding procedures.
- Authorizes the commissioner to advertise, conduct the sale, and handle proceeds.
2. Appointing the Commissioner
Next, the court appoints a neutral commissioner under AS 09.45.160. This officer of the court performs these tasks:
- Publish and mail notices of sale in compliance with Alaska Civil Rule 4.
- Conduct the auction or negotiate terms of a private sale.
- Collect sales proceeds, deduct authorized costs, and hold net funds.
- Submit a report and accounting to the court under AS 09.45.200.
After review, the judge issues a confirmation order. This final order approves the sale, directs distribution of sale proceeds among co-owners, and ends the partition action.
Helpful Hints
- Review Alaska Statutes Chapter 09.45 (Partition) to understand your rights and deadlines.
- Gather deeds, surveys, and title documents to establish ownership shares.
- Attend the hearing with a clear proposal for in-kind partition or sale.
- Explore mediation before filing to avoid a forced sale.
- Consult an experienced real estate attorney early in the process.