Alaska Statutes Title 09, Chapter 09.45, Article 06 - Partition

• Sec. 09.45.260 Right of Action for Partition or Sale.
  When several persons own real property as tenants in common, in which one or more of them have an estate of inheritance or for...
• Sec. 09.45.270 Lien on Undivided Interest.
  Where a lien is on an undivided interest or estate of any of the parties and a partition is made, the lien is then...
• Sec. 09.45.280 Determination of Rights of Parties.
  The rights of the several parties may be determined in the action. If a party having a share or interest in or lien upon...
• Sec. 09.45.290 Order for Partition or Sale.
  If it appears that the property or a part of it is so situated that partition cannot be made without great prejudice to the...
• Sec. 09.45.300 Report of Referees.
  In making the partition the referees shall divide the property and allot its several portions to the respective parties, quality and quantity relatively considered,...
• Sec. 09.45.310 Effect of Judgment.
  Upon hearing and confirmation of the report, the court shall give judgment that the partition be effectual forever, which judgment is binding and conclusive...
• Sec. 09.45.320 Tenant Not Affected by Judgment.
  The judgment and partition may not affect tenants for years or for life of the whole of the property that is the subject of...
• Sec. 09.45.330 Order of Sale.
  If it appears by evidence to the satisfaction of the court that a partition cannot be made without great prejudice to the owners, it...
• Sec. 09.45.340 Estate of Life or Years.
  When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided...
• Sec. 09.45.350 Reference to Determine Liens.
  If it appears that there are outstanding liens upon the property or a part of it and the persons holding the liens were not...
• Sec. 09.45.360 Appearance of Lienholders Before Referee.
  Persons having outstanding liens shall be notified to appear before the referee at a specified time and place to prove the amount due or...
• Sec. 09.45.370 Effect of Confirmation of Report.
  If the report of the referee is confirmed by the court, the order of confirmation is binding and conclusive on the parties to the...
• Sec. 09.45.380 Application of Proceeds From Sale of Encumbered Property.
  The proceeds of the sale of the encumbered property shall be applied under the direction of the court as follows:(1) to pay its just...
• Sec. 09.45.390 Lienholder Having Other Securities.
  When a party to an action or a person who holds a lien upon the property or a part of it has other securities...
• Sec. 09.45.400 Distribution of Proceeds of Sale.
  The proceeds of sale and the securities taken by the referees, or a part of the proceeds shall be distributed to the persons entitled...
• Sec. 09.45.410 Continuation of Action to Determine Claims to Proceeds.
  When the proceeds of the sale of a share or parcel belonging to persons who are parties to the action are paid into court,...
• Sec. 09.45.420 Sale Procedure.
  All sales of real property made by the referee shall be made at public auction to the highest bidder in the manner required for...
• Sec. 09.45.430 Credit Terms.
  In the order of sale, the court shall direct the terms of credit that may be allowed for the purchase money of a portion...
• Sec. 09.45.440 Credit Security.
  Separate mortgages and other securities may be taken for the whole or convenient portions of the purchase money of those parts of the property...
• Sec. 09.45.450 Disposal of Estate for Life or Years.
  When the estate of a tenant for life or years in a undivided part of the property in question is admitted by the parties...
• Sec. 09.45.460 Compensation for Sale of Estate for Life or Years.
  A person entitled to an estate for life or years in an undivided part of the property, whose estate has been sold, is entitled...
• Sec. 09.45.470 Determination of Value of Estate for Life or Years Sold Without Consent.
  If the consent is not given under AS 09.45.460 , before the report of sale, the court shall determine what proportion of the proceeds...
• Sec. 09.45.480 Rules for Determining Value.
  (a) The proportion of the proceeds of the sale to be invested under AS 09.45.470 shall be determined as follows: if an estate for...
• Sec. 09.45.490 Protection of Unknown Tenants.
  If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in...
• Sec. 09.45.496 [Renumbered (A) As As 34.03.285 and (B) As As 34.03.115 ].
  
  Repealed or Renumbered
• Sec. 09.45.500 Vested or Contingent Future Rights or Estate.
  In cases of sales in partition, when it appears that a person has a vested or contingent future right or estate in any of...
• Sec. 09.45.510 Separate Sales of Farms or Lots.
  The terms of sales of property shall be known at the time of sale, and, if the premises consist of distinct farms or lots,...
• Sec. 09.45.520 Persons Ineligible to Purchase. [Repealed, Sec. 5 Ch 78 Sla 1972].
  Repealed or Renumbered
• Sec. 09.45.530 Report of Sale.
  After the sale of property ordered to be sold, a report shall be made to the court, with a description of the different parcels...
• Sec. 09.45.540 Confirmation or Vacation of Sale.
  (a) After the filing of the report, a party entitled to a share of the proceeds may move the court to confirm or set...
• Sec. 09.45.550 Investment of Proceeds Belonging to Unknown or Nonresident Owner.
  When there are proceeds of a sale belonging to an unknown owner or to a person outside the state who has no legal representatives...
• Sec. 09.45.560 Security Taken and Investments Made in Name of Court Clerk.
  When the security for the proceeds of sale is taken or when an investment of any proceeds is made, it shall be done, except...
• Sec. 09.45.570 Security Taken in Names of Parties When Interests Ascertained.
  When security is taken on a sale and the parties interested in the security agree on the shares and proportions to which they are...
• Sec. 09.45.580 Duties of Clerk in Securities and Investments.
  The clerk in whose name a security is taken or by whom an investment is made shall receive the interest and principal as it...
• Sec. 09.45.590 Compensation for Unequal Partition.
  When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests...
• Sec. 09.45.600 Payment to Guardian of Share of Infant.
  When the share of an infant is sold, the proceeds of the sale may be paid to the general guardian of the infant or...
• Sec. 09.45.610 Payment to Guardian of Share of Insane or Incompetent Person.
  The guardian who may be entitled to the custody and management of the estate of an insane person or other person adjudged incapable of...
• Sec. 09.45.620 Apportionment of Cost of Partition.
  The costs of partition, including fees or referees and other disbursements, shall be paid by the parties respectively entitled to share in the lands...

Last modified: November 15, 2016