Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Alaska law, a partition action divides real property held in co-ownership when co-owners cannot agree on use or sale. Alaska Statutes Title 09, Chapter 09.01 governs partition of property by allotment or sale, often executed by a court-appointed commissioner. You can either initiate a partition lawsuit or consent to one someone else filed.
1. Initiating a Partition Action
- Prepare a Petition: File a complaint for partition in the superior court of the judicial district where the property lies. The petition must identify all co-owners, describe the property, and state each owner’s interest. (See AS 09.01.080.)
- Serve Co-owners: Serve every co-owner named in the petition according to Alaska Rule of Civil Procedure 4. Each co-owner has 20 days to respond after service.
- Request Appointment of Commissioner: In your petition, ask the court to appoint a commissioner to survey or sell the property if co-owners cannot agree on an in-kind division. The petition can propose procedures for sale or allotment under AS 09.01.090.
- Post a Security Bond: The court may require you to deposit funds or post a bond to cover the commissioner’s fees and expenses. This protects co-owners from incurring undue costs.
- Commissioner’s Actions: Once appointed, the commissioner surveys, advertises (if sale), and conducts sale or division. The commissioner files a written report and accounting with the court under AS 09.01.100.
- Objections & Hearing: Co-owners may object to the report within 10 days of its filing. The court holds a hearing to resolve disputes.
- Entry of Final Judgment: After resolving objections, the court issues a final judgment confirming the allotment or sale and directs distribution of proceeds or allotments to co-owners. (See AS 09.01.110.)
2. Consenting to a Partition Action
- Review the Petition: Obtain a copy of the filed complaint and proposed terms for division or sale.
- Sign a Consent Form: File a written consent in court indicating your agreement to the proposed division or sale and the appointment of a commissioner. You can waive service by signing an Alaska Rule of Civil Procedure 4 waiver form and returning it to the court clerk.
- Attend Hearing (Optional): If you have questions, request a hearing date. Otherwise, your written consent lets the court proceed without further objection.
- Commissioner’s Process: The commissioner follows the procedures outlined above, issues a report, and the court enters judgment consistent with your consent.
Helpful Hints
- Start early: Partition actions involve strict timelines for service, objections, and hearings.
- Clarify interests: Obtain a current title report to confirm all co-owners and their interests.
- Consider mediation: A neutral mediator may help co-owners reach agreement and avoid litigation costs.
- Budget for costs: Commissioner fees, publication costs (for sale), and survey expenses can add up quickly.
- Get legal help: Even if you handle forms yourself, an attorney can review draft petitions or consents to protect your interests.