What legal process allows a co-owner to force the sale of jointly inherited property under Alaska law? | Alaska Partition Actions | FastCounsel
AK Alaska

What legal process allows a co-owner to force the sale of jointly inherited property under Alaska law?

Detailed Answer

When co-owners of inherited real property in Alaska cannot agree on its use or disposition, Alaska law lets one owner force a sale through a partition action. This court process appears in Alaska Statutes Title 09, Chapter 45. You file a complaint in the Superior Court in the district where the property lies. The court first considers whether it can fairly divide the land among the owners (partition in kind). If a physical division would be unfair or impractical, the judge orders a public sale of the entire property and divides the proceeds among the owners in proportion to their interests. See Alaska Statutes § 09.45.021.

Key steps include:

  1. Preparing and filing a complaint listing all co-owners and their respective ownership shares.
  2. Serving each owner with a summons and copy of the complaint.
  3. Obtaining a court order for partition in kind or partition by sale.
  4. If the court orders a sale, scheduling a public auction or sealed-bid sale.
  5. Distributing sale proceeds after paying expenses, liens, and costs.

Helpful Hints

  • Gather title documents and inheritance records to prove ownership percentages.
  • Obtain a professional appraisal to establish fair market value before sale.
  • Consider mediation to reach an agreement and avoid litigation costs.
  • Know that Alaska court costs and attorney fees will reduce net proceeds.
  • Act promptly: delays can increase expenses and lower property value.

Disclaimer: This information is not legal advice. Consult a qualified attorney to discuss your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.