Detailed Answer
When co-owners of inherited real property in Alaska cannot agree on its use or disposition, Alaska law lets one owner force a sale through a partition action. This court process appears in Alaska Statutes Title 09, Chapter 45. You file a complaint in the Superior Court in the district where the property lies. The court first considers whether it can fairly divide the land among the owners (partition in kind). If a physical division would be unfair or impractical, the judge orders a public sale of the entire property and divides the proceeds among the owners in proportion to their interests. See Alaska Statutes § 09.45.021.
Key steps include:
- Preparing and filing a complaint listing all co-owners and their respective ownership shares.
- Serving each owner with a summons and copy of the complaint.
- Obtaining a court order for partition in kind or partition by sale.
- If the court orders a sale, scheduling a public auction or sealed-bid sale.
- Distributing sale proceeds after paying expenses, liens, and costs.
Helpful Hints
- Gather title documents and inheritance records to prove ownership percentages.
- Obtain a professional appraisal to establish fair market value before sale.
- Consider mediation to reach an agreement and avoid litigation costs.
- Know that Alaska court costs and attorney fees will reduce net proceeds.
- Act promptly: delays can increase expenses and lower property value.
Disclaimer: This information is not legal advice. Consult a qualified attorney to discuss your specific situation.