What rights do co-owners have when one heir wishes to live in an inherited property while another wishes to sell in Alaska? | Alaska Partition Actions | FastCounsel
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What rights do co-owners have when one heir wishes to live in an inherited property while another wishes to sell in Alaska?

August 6, 2025 2 min read

Detailed Answer

Understanding Co-Ownership in Alaska

When real property passes to multiple heirs in Alaska, each heir becomes a tenant in common. Tenants in common hold undivided interests and share equal rights to possess and use the entire property. Under Alaska Statutes § 09.10.010, no co-owner may exclude another from occupancy or use.

Rights to Possession and Rent

Each co-owner may occupy the property without paying rent to other co-owners unless a court orders otherwise. If one heir lives on the property exclusively and refuses to accommodate the others, the court can require payment of fair rental value to compensate non-occupying co-owners. Courts refer to Alaska Statutes § 09.10.080 when determining partition sales and rent allocations.

Filing a Partition Action

A co-owner can force a division or sale by filing a partition action under Alaska Statutes § 09.10.010. The court will evaluate whether to:

  • Divide the land physically (partition in kind).
  • Order a public sale and split net proceeds among co-owners.

The court balances factors such as the property’s layout, number of heirs, and financial feasibility.

Compensation for an Occupying Co-Owner

If one co-owner remains in possession after a partition action begins, the court may require them to pay rents or credits to the other co-owners. See Alaska Statutes § 09.10.100. The court can also adjust each owner’s share based on contributions to upkeep or improvements.

Practical Steps and Considerations

  1. Open communication: Discuss goals and timelines with all heirs.
  2. Appraise the property: Obtain a current market valuation.
  3. Explore mediation: Resolve disputes out of court to save time and cost.
  4. Draft agreements: Put any occupancy or buy-out terms in writing.
  5. Consult a probate or real estate attorney: Navigate probate filings and court procedures.

Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney in Alaska.

Helpful Hints

  • Tenants in common default: no automatic right of survivorship.
  • Partition actions can be complex and involve court costs.
  • Mediation often preserves family relationships and can be faster.
  • Document any agreements and maintain clear records of expenses.
  • Consider life estate or buy-out options before court intervention.

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.