Detailed Answer
In Alaska, co-owners of real property hold title as tenants in common or joint tenants. When one co-owner wants to end shared ownership and neither voluntary agreement nor physical division is practical, Alaska law provides a partition action in Superior Court.
Under Alaska Statute § 34.05.060, if the court finds the property cannot be divided fairly without prejudice, it must order that the property be sold and the proceeds distributed according to each party’s ownership interest. The key steps in this process are:
- Filing the Complaint: The initiating party (plaintiff) files a complaint for partition in the Superior Court of the judicial district where the property lies. The complaint must describe the property, each co-owner’s interest, and request either physical division or sale.
- Service of Process: The plaintiff serves all other co-owners (defendants) with the summons and complaint. Each defendant may file an answer or cross-claim.
- Court Conference or Mediation: The court may schedule a case management conference or refer parties to mediation to explore voluntary division or buyout options.
- Hearing on Partition: If no agreement is reached, the court holds a partition hearing. Evidence may include surveys, appraisals, and expert testimony regarding physical division feasibility.
- Determination of Division vs. Sale: Per Alaska Stat. § 34.05.020 through § 34.05.060 (see https://www.akleg.gov/basis/statutes/34.05.060), if the court deems physical division inequitable or injurious, it orders a sale. The court appoints a commissioner or referee to conduct the sale at public auction or by other court-approved method.
- Sale and Distribution: After the sale, the commissioner files a report of sale and distribution. The court reviews and confirms the report, then distributes net proceeds pro rata based on each party’s ownership percentage, minus costs, liens, and expenses.
This process ensures co-owners unable to agree can obtain an equitable resolution under Alaska law.
Helpful Hints
- Review the title and any co-ownership agreement before filing.
- Obtain a professional appraisal to support division or sale valuation.
- Consider mediation to save time and legal costs.
- Be prepared to show why physical division is impractical at the hearing.
- Understand that court-appointed commissioners handle the sale process.
- Keep clear records of improvements and expenses to adjust net proceeds.
- Consult an attorney familiar with Alaska partition actions for procedural guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.