Disclaimer: This article provides general information about Alaska law and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Under Alaska law, any co-owner of real property may ask the court to divide (partition) the land among all owners. The process follows Alaska Statutes Chapter 09.45 (Partition of Land) and Alaska Rules of Civil Procedure.
- Verify Ownership and Interests
Obtain a certified copy of the deed or title report. Confirm each relative’s name and ownership percentage. A clear property description is essential. - Conduct a Title Search
Check for liens, mortgages, easements or other encumbrances. Resolving these issues before filing can prevent delays. - Draft the Petition for Partition
Prepare a petition that includes:- The legal description of the property.
- Names and addresses of all co-owners.
- Each owner’s claimed interest (percentage or share).
- A request for physical division or sale and distribution of proceeds.
Reference Alaska Statute § 09.45.010: https://www.akleg.gov/basis/statutes.asp#09.45.010.
- File the Petition
Submit your petition to the Superior Court in the judicial district where the property lies. Pay the required filing fee. Fees vary by county; check the court’s fee schedule. - Serve All Co-Owners
Serve each co-owner with a copy of the petition and a summons according to Alaska Rules of Civil Procedure Rule 4. Proper service gives the court jurisdiction over all parties. - Attend the Court Hearing
The court sets a hearing date. Co-owners may present evidence on how to partition the land fairly. The court can order:- Physical division, if practical.
- Sale of the entire property and distribution of proceeds proportionally. (See Alaska Statute § 09.45.020.)
- Obtain and Record the Judgment
After the judge signs the partition order, record it with the local recorder’s office. This official filing finalizes the new ownership or sale distribution.
Helpful Hints
- Start early on the title search to uncover hidden liens or disputes.
- Use a licensed surveyor if physical division is requested.
- Negotiate with co-owners before filing to reduce conflict.
- Confirm service of process complies with Alaska Rule of Civil Procedure Rule 4.
- Consider mediation if relatives disagree on the division method.