Short answer

If you and at least one other person own your late father’s house together (for example, as tenants in common), you can ask an Alaska court to order a partition of the property. If the court determines a physical division is impractical, it can order a partition by sale and divide the sale proceeds among the owners after paying liens, costs, and any equitable adjustments. To start, you will usually need to: confirm how title is held, confirm whether the property is in probate, gather ownership and mortgage documents, try to resolve the matter voluntarily, and—if you cannot—file a partition action in the Alaska Superior Court where the property is located.

Detailed answer: how partition actions work in Alaska and the practical steps to take

1. Confirm who actually owns the house

Before you do anything else, identify the current legal owner(s). Useful documents include the recorded deed, your father’s death certificate, any will, and any probate filings. Ownership can be:

• Joint tenancy with right of survivorship: the surviving joint tenant usually becomes sole owner automatically.
• Tenancy in common: each owner (tenant in common) owns a separate share that can pass by will or intestacy—this form of ownership is the common basis for partition actions.
• Ownership by a trust or a company: different rules apply; you may need the trustee or corporate officers involved.

2. Check whether the property is in probate

If your father’s estate is going through probate, determine whether the house has already been distributed by the probate court or whether title still vests in the estate or heirs. If probate is open, the probate personal representative (executor/administrator) may have authority to act. If the estate hasn’t been administered, consult the probate paperwork or the probate court clerk in the borough/county where the decedent lived.

3. Try to resolve the matter without litigation

Court is often expensive and slow. Before filing a partition action:

• Ask co-owners whether they will sell or buy you out.
• Consider mediation or a neutral appraisal to establish fair market value.
• If a co-owner has been paying mortgage or taxes, discuss accounting or offset arrangements.

4. When to file a partition action

File a partition action in the Alaska Superior Court for the judicial district where the property is located when voluntary resolution fails and you want the court to divide or sell the property. A partition action is a civil lawsuit asking the court to divide real property between co-owners or to order a sale and divide the proceeds.

5. Typical contents of a partition complaint

Your complaint (or petition) will generally need to state:

• That you and the named defendants are co-owners of the property (identify deed, legal description, and county/borough);
• Each owner’s interest so far as you know;
• Why partition in kind (physically dividing the land) is impractical or inequitable (if you ask for a sale);
• A request that the court appoint commissioners (or a referee) to make a report, to sell the property if appropriate, and to distribute proceeds after paying valid liens and expenses.

6. Service, response, and early court steps

After filing you must formally serve all co-owners and other interested parties (e.g., mortgage holders or lien claimants). Defendants have an opportunity to answer and raise counterclaims (for example, offsets for improvements or mortgage payments they made). The court may set schedules, require disclosures (deeds, tax records, mortgages), and often orders an appraisal.

7. Partition in kind vs. partition by sale

The court prefers a partition in kind (physically dividing land) when it can be done fairly without harming value. For a single-family house on one lot, physical division is usually impractical. If the court finds in-kind partition unworkable, it will order sale and division of proceeds. The court may also adjust shares to account for unequal contributions, improvements, or payments of mortgages and taxes.

8. How the sale is handled

When the court orders sale, it usually appoints a commissioner or authorizes a public sale. The proceeds are used to pay:

• Valid mortgages and liens;
• Sale costs (commissioner fees, publication, trustee/commissioner expenses);
• Tax liens and unpaid property taxes;
• Any court-ordered adjustments (e.g., credit to an owner who paid more than their share).

After these are paid the remainder is divided among co-owners according to their interests or the court’s equitable allocation.

9. Practical issues to watch for

• Mortgages and lien priority: secured creditors usually get paid first. If the sale proceeds don’t cover liens, a deficiency may remain against owners.
• Occupancy and eviction: an owner living in the house may be ordered to vacate after sale or may be given a limited time to leave.
• Costs and attorney fees: litigation costs can reduce the net proceeds. In some cases the court may award fees, but not always.
• Accounting claims: co-owners can ask the court to credit payments they made for repairs, taxes, or mortgage installments.

10. Timeline and likely costs

Timing varies. A simple uncontested partition can take a few months; contested matters often take 12 months or longer. Costs include filing fees, service fees, appraisal fees, commissioner fees, and attorneys’ fees if you hire counsel. Selling costs (real estate broker fees, closing costs) will also reduce net proceeds.

11. Where to file and where to get forms/help

Partition actions are filed in Alaska Superior Court in the judicial district where the property is located. For general court information and self-help resources, see the Alaska Court System website: https://courts.alaska.gov/selfhelp/. For a starting point on Alaska statutes and to look up governing law, use the Alaska Legislature site: https://www.akleg.gov/.

12. When you should hire an attorney

Consider hiring a lawyer if any of the following apply:

• The ownership is unclear or disputed;
• There are liens, complicated mortgages, or tax issues;
• Multiple heirs, missing owners, or out-of-state owners are involved;
• You expect contested allocation of proceeds or complicated accounting disputes.

Even if you represent yourself, a consultation with a real estate litigator or probate attorney can clarify strategy and likely costs.

Helpful Hints

• Start by ordering a certified copy of the deed from the local recorder’s office and get your father’s death certificate.
• Check the local land records online or at the recorder’s office for mortgages and liens before filing.
• Ask for an appraisal early so everyone has the same market-value baseline for negotiations or court filings.
• Document any money you or others paid toward the mortgage, taxes, utilities, or improvements—these can affect the court’s distribution.
• Try mediation before filing—courts often favor parties who tried to settle, and mediation can preserve more sale proceeds by avoiding litigation costs.
• If a co-owner is refusing to cooperate, keep records of communications and formal requests; these help your lawyer and the court.
• If the property is occupied, consider seeking a short-term agreement about access, repairs, and insurance while the case proceeds.
• Contact the Alaska Superior Court clerk in the property’s borough for local filing procedures and fee schedules.