Anchorage Partition Action Attorney Advocating For Partnerships

Co-owning a house or another type of property in Anchorage becomes complex when you want to go separate ways with a partner. At Eschbacher & Eschbacher, our lawyers can work with you to resolve the matter and find a division that works best for all parties involved.

We are a father-and-son duo with over 75 combined years of experience in practicing family law. You can expect high-quality care and close attention to detail from our legal services.

How Real Estate Partition Works In Alaska

Real estate partition is the legal process of dividing a jointly owned property between tenants in dispute. This usually occurs when parties no longer want to share ownership or cannot agree to sell or split the property voluntarily.

Whether you co-own a property with a romantic partner, sibling or friend, following Alaska’s standards on partition is a must. Because marital property laws do not apply to unmarried couples, a partition resolves conflicts among co-owners by dividing the property or selling it and allocating the proceeds.

The Partition Lawsuit Process In Anchorage

Our partition action attorneys can help walk you through the following process:

• A co-owner files a civil case to address property disputes. The non-filing co-owner responds to the claim, outlining their right to the property.
• The courts assess contract principles, property titles, documented intent and the financial contribution of each party.
• A judge orders the method of partition, whether it’s a partition in kind or a forced sale of jointly owned property.
• The courts distribute shares, either in kind or monetarily, according to the final equitable accounting.

No matter how complex your case is, you can trust our team to help you find a way forward.

Key Questions About Dividing Jointly Owned Property

Partition cases often raise questions about ownership, forced sales and how proceeds are divided. Here are answers to common questions from Alaska property owners.

If my domestic partner and I aren’t married, how is our jointly owned home divided if we separate?

Unmarried couples generally do not divide property under Alaska’s marital property rules. If both partners own the home and cannot agree on what to do with it, one may seek a partition. The court can determine each person’s ownership interest and decide how the property should be divided or sold.

Can a partition action force the sale of property even if one co-owner doesn’t want to sell?

Yes. An Alaska court may order the sale of jointly owned property when physically dividing it would cause significant harm or loss to the owners. One co-owner’s refusal to sell does not necessarily prevent the court from ordering a sale.

How does Alaska determine how much each co-owner receives when a jointly owned property is sold through partition?

The court looks at each co-owner’s legal interest in the property. It may also consider evidence about the parties’ contributions, agreements and intent. These factors can affect how the proceeds are divided after a sale.

Take Action With Seasoned Partition Action Attorneys

If you have any questions about real estate partitions in Anchorage, our team invites you to call us at 866-653-4212. You may also complete our online contact form.