How to Confirm Your Ownership Percentage in Your Parents’ Real Property (Alaska)

Short answer: The quickest way to confirm your ownership percentage is to obtain and read the recorded deed and any related recorded documents (trust deed, transfer-on-death deed, mortgage, etc.). If the deed itself specifies ownership shares (for example, “as tenants in common, each owning 50%”), that controls. If the deed does not specify shares or the situation involves trusts, survivorship language, or a parent’s death, you will likely need a title search and/or help from a title company or an Alaska real estate or probate attorney to determine your exact legal interest.

Disclaimer

This is general information about Alaska law and is not legal advice. For advice about your specific situation, consult a licensed Alaska attorney.

Detailed Answer — How to confirm your ownership percentage under Alaska law

1. Step 1 — Get a copy of the recorded deed

   Deeds and other instruments affecting title are recorded at the local recorder’s or borough clerk’s office where the property is located. Request a certified copy or an electronic copy of the most recent deed recorded for the property. The deed is the primary document that shows who owns the property and how title is held.

2. Step 2 — Read how title is worded

   Key phrases and labels matter. Common forms and what they usually mean:

   • “Tenants in common” — owners can hold unequal shares. If the deed specifies percentages (for example, 60% and 40%), those percentages are the owners’ legal shares. If no percentage is stated, many jurisdictions treat tenants in common as having equal shares, but you should confirm under Alaska practice by consulting a title professional or attorney.
   • “Joint tenants with right of survivorship” — title is held with survivorship. When one owner dies, the remaining owner(s) usually receive the decedent’s share automatically. In that case there is not a divisible percentage to enforce while both are alive in the same way as tenants-in-common shares.
   • “As husband and wife,” “tenancy by the entirety” or trust language — these phrases can change the rights of the owners. For example, property held in a trust is owned by the trust, not by the individual in their personal capacity.

3. Step 3 — Look for other recorded documents that affect ownership

   Search for and review related recorded instruments, including:

   • Transfer-on-death deed (if Alaska recognizes and a TOD deed was used)
   • Deeds transferring title to a trust
   • Recorded powers of attorney or declarations of homestead
   • Mortgages, liens or judgments that could affect transfers

4. Step 4 — Run a title search or order a title report

   If the deed wording is ambiguous, or if you want a complete, authoritative account of recorded matters affecting title, order a title search from a licensed title company or a real estate attorney. A title report will list the current owner(s) and any liens, easements, or recorded conveyances that affect ownership.

5. Step 5 — If a parent is deceased, check probate or determine survivorship

   If a parent has died, ownership can change immediately (if survivorship applies) or by probate (if the decedent owned a transferable interest). You can check the local court’s probate records to see whether a probate estate was opened and whether property was distributed. General information about Alaska’s probate statutes is available through the Alaska statutes (see Alaska probate laws, Title 13): https://www.akleg.gov/basis/statutes.php?title=13.

6. Step 6 — If ownership is still unclear, consult an Alaska real estate or probate attorney

   An attorney can advise whether the deed establishes equal or unequal shares, whether a quiet title action or partition is appropriate, and how Alaska law applies to any ambiguities. If disputes arise among family members, legal counsel can also explain remedies available in Alaska courts.

When deed language gives you a clear percentage

If the deed explicitly states ownership shares (for example, “John Doe and Jane Doe, tenants in common, John Doe 70% and Jane Doe 30%”), that percentage is controlling and shows each owner’s legal interest. Record that deed copy and, if requested, get a title company to confirm.

Common complications that affect your interest

• Property conveyed to a trust: the trust instrument determines beneficial ownership.
• Joint tenancy with survivorship: ownership may pass automatically at death.
• Undocumented verbal agreements: courts generally rely on written instruments for real property; verbal promises are weak proof.
• Unrecorded transfers: an unrecorded deed may still transfer ownership, but recording protects against later purchasers or creditors—title searches find recorded matters.
• Liens or mortgages: these do not change ownership percentage but can affect the ability to sell and the proceeds distribution.

Helpful Hints — Practical checklist and tips

1. Locate the property legal description. Use it when requesting deed and title records to ensure you get the correct parcel.
2. Start at the borough or city recorder where the property is located. Ask about online access to recorded documents or how to request copies.
3. Gather family documents: copies of any deed in your parents’ files, living trust documents, wills, powers of attorney, and mortgage statements.
4. Order a title report if you need a definitive picture of recorded interests and encumbrances.
5. If the deed is ambiguous or a parent has died, consider a probate records check and consulting an Alaska probate attorney. See Alaska probate statutes here: https://www.akleg.gov/basis/statutes.php?title=13.
6. Get written clarification from a title company or attorney before any sale. If the property is sold without the proper signatures or transfer of a required interest, a buyer’s title company may refuse to insure title.
7. If you suspect tampering, fraud, or unauthorized transfers, act quickly. Consider a quiet-title action or an injunction to stop a sale; these are matters an attorney can advise on immediately.

Costs and timeline — what to expect

Obtaining a recorded deed copy is inexpensive and can often be done in days. A title search or title report usually costs more and can take a few days to a couple of weeks. Attorney fees vary by complexity. If litigation (quiet title, partition) is required, the process can take months to years and will cost more.

When to hire an attorney

• If deed language is ambiguous or appears to conflict with other documents.
• If a parent is deceased and you need to know whether title passed by survivorship or by probate.
• If family members disagree about ownership or proposed sale.
• If you discover possible fraud, an unrecorded deed, or forged signatures.

For authoritative text of Alaska statutes and to learn more about Alaska probate law, see the Alaska Legislature’s statute pages: https://www.akleg.gov/basis/statutes.php.

If you would like, I can help you draft a checklist of documents to collect, a sample request for the recorder’s office, or a list of questions to bring to a title company or attorney.