Short answer

If co-owners cannot agree, any co-owner can file a partition action in Alaska superior court asking the court to either physically divide the land (partition in kind) or order a sale and divide the proceeds (partition by sale). The court usually tries partition in kind if it is practical, but it will order sale when division would be impractical or unfair. The process involves filing a complaint, serving co-owners and lienholders, possible appointment of commissioners or a receiver, valuation and accounting, and then either a judicial division of the property or a public sale with distribution of proceeds after paying liens and expenses.

Detailed answer — step-by-step under Alaska law

1. Confirm who owns the property and how

Start by reviewing the deed(s) to confirm whether the co-owners hold title as tenants in common, joint tenants, or some other form of ownership. Only owners (and sometimes lienholders) can be parties in a partition action. If title is held by an entity (LLC, trust), the entity’s governing documents and law controlling that entity will affect options.

2. Understand the two basic remedies: partition in kind vs partition by sale

– Partition in kind: the court divides the real property into separate physical parcels so each owner gets a piece. Courts favor this when the land can be divided fairly without substantially diminishing value or interfering with farm operations.

– Partition by sale: the court orders the property sold (often at public auction), then divides the net proceeds among owners according to their ownership shares. A sale is typical when a physical division is impractical, would greatly reduce value, or when co-owners’ interests cannot be separated without great prejudice.

3. File a partition complaint in superior court

– Venue: file in the Alaska Superior Court for the judicial district where the farmland is located.

– Content: identify the property by legal description, name all co-owners and known lienholders, state the type and claimed shares of ownership, explain attempts (if any) to agree, and ask for partition (in kind) or, if appropriate, sale.

– Causes of action: the complaint is typically a statutory partition action. (See Alaska statutes on partition of real property; for the applicable statutory provisions consult the Alaska Statutes.)

4. Serve co-owners, lienholders, and necessary parties

All co-owners and any parties that hold liens or recorded interests must be served. If a co-owner or lienholder is unknown, the court can permit substituted service or publication under court rules.

5. Response, defenses, and interim orders

Co-owners may file answers disputing facts, asserting offsets (for contributions to improvements, taxes paid, rents collected), claiming liens, or raising equitable defenses. The court can issue temporary injunctions to preserve the property and farm operations (for example, to stop a co-owner from removing equipment or crops) while the case proceeds.

6. Valuation, appraisal, and appointment of commissioners or a receiver

– The court often orders appraisals to determine fair market value and whether division in kind is feasible without significant loss of value.

– The court can appoint neutral commissioners (or a receiver) to examine the property, recommend or make a division, oversee a sale, manage farm operations during litigation, and report back to the court.

7. Partition in kind or partition by sale — court decision

– If physical division is feasible and fair, the court will approve a plan that divides the land. The court may adjust shares to account for inequality of parcels and contributions.

– If division is impractical or would impair value, the court will order sale. The sale may be private (if authorized by court) or public auction. Sale proceeds pay liens, costs, taxes, and sale expenses; the remainder is distributed among owners according to shares, after adjustments for contributions, waste, or improvements.

8. Distribution and final accounting

After sale or division, the court enters a final decree that distributes property or proceeds, directs the entry of deeds to newly created parcels, and resolves accounting claims (reimbursement for improvements, advances for mortgages or taxes, and liens). If a co-owner contributed more than their share, the court may award an equitable lien or offset.

9. Appeals and enforcement

Parties can appeal final orders within the usual Alaska appellate timeframes. The court’s decree can be enforced like other judgments; for example, a sale ordered by the court is typically implemented by court officers if necessary.

Statutory authority and where to read the law

Alaska’s statutes and court rules set the procedures and remedies for partition and related civil actions. For the statutory framework, consult the Alaska Statutes and the Alaska Court Rules. (See the Alaska Statutes on civil procedure and partition; for access to statutes, start at the Alaska Legislature’s statutes database: https://www.akleg.gov/basis/statutes.php.)

How the court decides whether to divide land or order sale

The court weighs practical and equitable factors, including:

• Whether the land can be physically and fairly divided without materially reducing value;
• Whether division would render parcels too small or unsuitable for farming;
• Existing structures, shared improvements, access roads, water rights, and irrigation systems;
• Costs and logistics of dividing fields, fences, and utilities;
• Any agreements between the owners about use, maintenance, or division; and
• Interests of creditors and lienholders who may have priority to sale proceeds.

Special farm-related considerations

• Crop season and harvest: courts often try to avoid disrupting a harvest — expect temporary orders to protect crops or farming operations while litigation proceeds.
• Irrigation and water rights: shared water infrastructure complicates in-kind division and can push the court toward sale unless co-owners can negotiate shared-use agreements.
• Government program liens: check for USDA/FSA or state agricultural loan liens, which affect proceeds; locate and notify lenders early.
• Conservation easements or land use restrictions: these limit subdivision potential and affect whether in-kind partition is feasible.

Alternatives to a court-ordered partition

Because partition litigation can be expensive and time-consuming, consider alternatives first:

• Negotiate a buyout where one owner buys the others’ shares based on a mutually agreed appraisal;
• Sell the farm by agreement and split proceeds;
• Mediation or arbitration to create a custom division or payment plan;
• Partition agreement among owners, recorded with deeds, outlining physical boundaries, maintenance responsibilities, and sale terms;
• Form an entity (e.g., an LLC) to own the land, with buy-sell provisions — but this requires unanimous or controlling-owner agreement and is not a unilateral option.

Practical timeline and costs

Expect a partition lawsuit to take several months to more than a year depending on complexity, surveys, appraisals, and court scheduling. Costs include filing fees, service fees, attorney fees, appraisals, survey and partition-commissioner fees, sale expenses, and potential receivership costs. The court can allocate some costs among parties or deduct them from sale proceeds.

Helpful hints — checklist before you act

• Gather deeds, title reports, and recorded plats.
• Collect mortgage statements, tax bills, loan documents, and any recorded liens.
• List all co-owners with current addresses and contact info.
• Get recent property appraisals or at least market comps.
• Document contributions: receipts for improvements, fence installation, seed and fertilizer, labor, and payments of taxes and mortgages.
• Identify leases, crop-share agreements, and tenant arrangements affecting the farm.
• Check for conservation easements, water rights records, and USDA/FSA loans or liens.
• Consider mediation early — it often saves time and money.
• If litigation seems likely, consult an Alaska attorney experienced in real property and partition actions to review your options and prepare a strategy.