Can I force the sale of one inherited parcel when a family member refuses to list it?

Short answer: Yes — under Alaska law you can ask a court to partition the property and, if division in kind is impractical, the court can order the property sold and the proceeds divided among the owners. This usually requires filing a partition action in Alaska superior court and naming all co-owners and known lienholders.

Detailed answer — how forced sale (partition) works in Alaska

When multiple people own real estate together (for example, two siblings inherit a single parcel), each co-owner generally has a right to compel a partition. A partition action asks the court to divide the property physically among the owners (partition in kind) or, if that is not practical or fair, order the property sold and the sale proceeds divided.

Key steps and legal principles under Alaska law:

1. Confirm ownership and interests. Start with a title search and any probate records. Ownership may be as tenants in common, joint tenants, or the property may still be part of an estate administered in probate. You must know who holds record title and whether creditors or liens attach to the parcel. If the parcel is still in probate, the personal representative may have authority to act — check the probate file and speak with the personal representative or their attorney.
2. Try to resolve it outside court first. Courts prefer parties to reach agreement. Offer a buyout, propose a mediated solution, or suggest listing with a realtor and splitting proceeds. Get a current appraisal so offers and buyouts are evidence-based.
3. File a partition action if negotiations fail. If a co-owner refuses to list or sell and you can’t reach agreement, you can file a civil action for partition in the Alaska Superior Court where the property is located. The statutory basis for a partition action in Alaska is set out at AS 09.45.010 and related partition provisions. See the statute for the statutory procedures and rights: https://www.akleg.gov/basis/statutes/display_statute.php?code=09.45.010
4. Court options: division in kind or sale. The court will consider whether the land can be fairly divided. If the court finds a fair physical division is possible, it may order division. If dividing the parcel would be impractical or would materially prejudice owners (for example, a single residential lot that can’t be subdivided practically), the court can order the property sold and distribute the net proceeds among the owners according to their ownership shares.
5. Process, evidence, and participants. A partition lawsuit requires naming all co-owners and known lienholders. The court may appoint a commissioner or referee to handle surveying, valuation, and sale. Expect documentary evidence (title, probate documents, deeds), an appraisal, notice to interested parties, and possibly a hearing. The court may also award attorneys’ fees and costs in certain circumstances.
6. Practical results and timing. A partition action can take months to over a year depending on complexity — locating all parties, resolving liens, getting surveys and appraisals, and completing sale procedures. Courts can also allow one co-owner to buy out the others at fair market value instead of a sale.
7. Costs and risks. Litigation costs (attorneys’ fees, court costs, survey and appraisal) come out of the estate or the sale proceeds and can reduce what owners receive. If the property has mortgages or liens, creditors will generally be paid from sale proceeds according to priority.

Important Alaska law reference

The primary statutory authority for partition actions in Alaska is AS 09.45.010 (Action for partition). For the text and procedural rules consult the Alaska Statutes: https://www.akleg.gov/basis/statutes/display_statute.php?code=09.45.010

What to do first — a short checklist

• Obtain a copy of the deed(s) and run a title search (county recorder).
• Check whether the property is still in probate; review the probate case file.
• Talk with your family member — document offers to buy out and any refusals.
• Get a current appraisal so you know the market value.
• Consider mediation before filing suit — it’s faster and cheaper.
• If litigation seems necessary, consult an Alaska real estate or probate attorney experienced in partition actions.

Common questions people ask

Can a court force my relative to list with a realtor? No. A court will not typically compel a private owner to sign a listing agreement. Instead, the court can order a sale of the property through a court-controlled sale or appoint a commissioner to sell the property. The result is similar — the property is sold even if a co-owner refuses to cooperate.

Can I be forced to sell if I want to keep the property? Yes. If partition in kind is impractical, a court can order sale even over an owner’s objection. However, the court may give an owner the option to buy out the others at fair market value.

Will I get reimbursed for improvements I made? The court may account for contributions, improvements, or expenses when distributing proceeds, but outcomes vary based on proof and the judge’s discretion.

Helpful Hints

• Document all communications in writing. Written offers, replies, and refusals help in court and in mediation.
• Order an appraisal before making buyout offers. A neutral appraisal reduces disputes over value.
• Consider mediation or collaborative negotiation first — courts often encourage settlement and it saves time and money.
• Identify and notify all lienholders and heirs — they have rights and must be named in a partition action.
• Talk to a real estate or probate attorney early to understand likely outcomes and cost estimates for a partition suit in your county.
• Be prepared for delays — locating heirs, clearing title, and completing a court-ordered sale can take many months.
• Keep records of property expenses, taxes, repairs, or improvements; these can affect net proceeds or credit among co-owners.

Next step: If you cannot reach an agreement with your co-owner, consult an attorney about filing a partition action in the Alaska Superior Court where the property lies. An attorney can confirm ownership details, identify necessary parties and lienholders, prepare pleadings, and represent you at hearings.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Alaska attorney.