Detailed Answer
When co-owners inherit real estate in Alaska and cannot agree on its future, Alaska law lets one owner force a sale through a partition action. You file this lawsuit in the Alaska Superior Court. The court first examines whether it can divide the land fairly among the owners (a “partition in kind”). If dividing the property physically would be impractical or would damage its value, the court orders a public sale of the entire parcel.
Here’s how the process works under Alaska law:
- Who can file: Any co-owner with a legal or equitable interest in the property may petition for partition. You don’t need unanimous consent.
- Where to file: File the complaint in the Superior Court in the judicial district where the property lies.
- Complaint contents: Identify all co-owners and describe the property. State your ownership percentage and request partition.
See AS 09.05.070. - Service and notice: Serve each co-owner and any lienholders. They have a chance to respond or join the action.
- Court determination: The judge reviews maps, appraisals, and owner testimony. If the land can split fairly, the court issues a partition-in-kind order.
- Order of sale: If physical division isn’t feasible or equitable, the judge orders a sale. The court directs a referee or commissioner to sell the property at public auction.
- Distribution of proceeds: After sale costs, the court distributes net proceeds based on each owner’s share.
Statutory Authority
Alaska’s partition rules appear in:
- AS 09.05.070 – Partition of real property
Helpful Hints
- Gather deeds, wills, and title documents before filing.
- Obtain a recent appraisal to support your request for sale.
- Consider mediation to avoid litigation costs.
- Track deadlines for serving co-owners and responding to motions.
- Consult a local attorney to navigate court procedures and evidentiary requirements.