What Happens at the Initial Partition Hearing Regarding Sale Orders and Appointment of a Commissioner in Alaska? | Alaska Partition Actions | FastCounsel
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What Happens at the Initial Partition Hearing Regarding Sale Orders and Appointment of a Commissioner in Alaska?

Initial Partition Hearing in Alaska: Sale Orders & Commissioner Appointment

Disclaimer: This article provides general information about Alaska partition law. It is not legal advice. For advice on your specific situation, consult a licensed attorney.

Detailed Answer

Under Alaska law, co-owners can request a court-ordered partition when they cannot agree on dividing property. At the initial partition hearing, the judge determines whether to order a sale of the property and appoints a commissioner to carry out that sale.

1. Issuing a Sale Order

If the court concludes that dividing the land “in kind” isn’t practical or would unfairly disadvantage any owner, it issues a sale order under AS 09.45.090. The sale order:

  • Directs that the entire property be sold publicly or privately.
  • Sets key terms: minimum bid, auction date, and bidding procedures.
  • Authorizes the commissioner to advertise, conduct the sale, and handle proceeds.

2. Appointing the Commissioner

Next, the court appoints a neutral commissioner under AS 09.45.160. This officer of the court performs these tasks:

  • Publish and mail notices of sale in compliance with Alaska Civil Rule 4.
  • Conduct the auction or negotiate terms of a private sale.
  • Collect sales proceeds, deduct authorized costs, and hold net funds.
  • Submit a report and accounting to the court under AS 09.45.200.

After review, the judge issues a confirmation order. This final order approves the sale, directs distribution of sale proceeds among co-owners, and ends the partition action.

Helpful Hints

  • Review Alaska Statutes Chapter 09.45 (Partition) to understand your rights and deadlines.
  • Gather deeds, surveys, and title documents to establish ownership shares.
  • Attend the hearing with a clear proposal for in-kind partition or sale.
  • Explore mediation before filing to avoid a forced sale.
  • Consult an experienced real estate attorney early in the process.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.