Detailed answer

This answer explains what you can do under Alaska law if the other party asks the court simply to sell the house and does not propose buyout terms. Two common contexts arise: (1) a family law case (divorce or legal separation) where the home is marital property subject to division; and (2) a civil partition or co-owner dispute (non‑marital co-owners). Your immediate options differ a bit by context, but the same practical tools apply: oppose a blind sale, seek buyout terms or valuation, ask for temporary possession and contribution orders, pursue settlement or mediation, or ask the court to set a procedure for appraisal and distribution.

How Alaska law treats property division in divorce or separation

In divorce or legal separation proceedings the court divides property equitably. When the parties don’t agree on the home, the court may order sale or may award the house to one spouse with offsets to achieve an equitable division. If the other party requests only an unconditional sale, you can ask the court instead to set buyout terms, require appraisal(s), or allow offsetting distributions of other marital assets. See the Alaska statutes that govern property division in family law (title on domestic relations) for the court’s equitable-division authority: https://www.akleg.gov/basis/statutes.asp#25.24

How Alaska law treats partition and co-owner disputes

If the dispute is not a divorce but a partition action between co-owners (for example, two heirs or unrelated co-owners), Alaska law commonly allows a co-owner to seek partition in kind or a sale. Even in a partition action, a co-owner who prefers to keep the property can propose a buyout, request an accounting, or ask the court to appoint a commissioner to sell and report back. The general rules for civil actions and partition procedures are governed by Alaska statutes and court rules; check the state statutes and court rules for partition procedures: https://www.akleg.gov/basis/statutes.asp and the Alaska Court Rules: https://www.courts.alaska.gov/rules/index.htm

Concrete steps you can take now

1. File a written response or counterrequest. If you have been served with a complaint or motion that asks only for sale, file a responsive pleading or affidavit asking the court to: (a) order an appraisal; (b) allow a buyout at fair market value; (c) divide other assets instead of selling the home; or (d) order a partition in kind if feasible. Speak with counsel quickly to meet court deadlines.
2. Ask for valuation before sale. Request that the court require one or more professional appraisals so the property’s fair market value is established. A court can then set a buyout price tied to that valuation or order sale with a fair method to split net proceeds.
3. Propose a buyout formula. Offer a clear buyout proposal: who buys whom out, how price will be computed (appraised value less mortgage, split of equity), payment terms (cash, refinance, promissory note) and how closing costs and capital gains will be handled. Courts often prefer an agreed formula and may adopt it rather than force a sale.
4. Seek temporary (pendente lite) orders. Ask the court for temporary orders about who lives in the house, who pays mortgage, taxes, insurance, utilities, and upkeep while the case proceeds. That protects your financial exposure while you pursue buyout or other relief.
5. Move for a partition-in-kind if appropriate. If the property can be physically divided without major loss in value (rare for a single-family home), ask the court for partition in kind. If not feasible, the court may order sale but can set the sale process and distribution percentages.
6. Request a referee, commissioner, or receiver. If the parties disagree about sale terms or management pending sale, the court can appoint a neutral to handle sale, bidding procedures, or to carry out an appraisal and report back to the court.
7. Try mediation or settlement negotiations. Settlement often yields better financial and timing results than contested litigation. Suggest mediation focused on a buyout, staggered sale, or offset of other assets.
8. Prepare to finance a buyout. If you want to keep the house, begin exploring refinancing, mortgage qualification, or a private promissory note so you can present a credible buyout plan to the court.
9. Challenge the request for an immediate sale if it’s unfair. Show the court hardship factors (e.g., small children, inability to obtain housing, temporary income changes) and ask for delay or for buyout alternatives until a fair resolution is reached.

What the court will consider

In family law cases, the court balances multiple equitable-division factors (income, length of marriage, contribution to marital estate, custodial needs, and more) before deciding whether to sell the house or order a buyout. In partition actions, courts look at feasibility of division, fairness in distribution, lien priorities, and whether sale is the most practical outcome. Courts commonly prefer to identify value (via appraisal) and either approve a buyout or set clear sale procedures rather than ordering an immediate blind sale.

If the other side insists only on sale

Do not assume the court will automatically order an immediate sale without deciding valuation or allowing equitable alternatives. Courts generally expect parties to explain how proceeds should be divided. If the other party insists on an unconditional sale, file your objections and proposed orders (valuation, buyout formula, pendente lite orders, or request for mediator). Be ready to explain why a buyout or offset is fair and how you will fund a buyout if you want to keep the home.

Practical timeline and costs

Litigation to resolve buyout versus sale can add months and increase legal fees. Mediation and settlement often shorten the timeline and reduce costs. If ordered sale is inevitable, the court can still control timing, appointment of a listing agent or receiver, and how net proceeds are distributed.

Helpful hints

• Do not ignore a complaint or motion — respond within the court’s deadlines.
• Get at least one professional appraisal early to anchor negotiations.
• Collect documents now: mortgage statements, insurance, property tax bills, maintenance receipts, and evidence of contributions to improvements.
• Explore refinancing pre-approval if you plan to buy out the other party.
• Consider a short-term written occupancy agreement to avoid surprise liability for mortgage or utilities while you litigate.
• Referral to a mediator or neutral real estate valuation expert can keep costs down and lead to faster resolutions than trial.
• Ask the court for clear sale procedures if sale is unavoidable (notice to potential buyers, minimum bids, how real estate commissions are paid, how liens are cleared.)
• Keep records of payments you make on the property — the court may consider these when allocating costs or crediting an equitable interest.