Partition Action Complaint - Alaska
COMPLAINT FOR PARTITION OF REAL PROPERTY — ALASKA
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________] JUDICIAL DISTRICT AT [________]
Case No. [________________]
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAMES] | Defendants |
Plaintiff alleges:
1. Parties and interests
- Plaintiff [________________] owns an undivided [____] interest in the real property described below as a ☐ tenant in common with an estate of ☐ inheritance ☐ life ☐ years; ☐ life tenant of property subject to a remainder interest.
- Defendant [________________] owns or claims [describe interest: ________________]. Defendant [________________] owns or claims [describe interest: ________________].
- The known interests, including any liens and future interests, are listed below. Plaintiff requests that the court determine the parties' rights under AS 09.45.280.
| Interested person | Claimed interest or lien | Title document and recording information |
|---|---|---|
| [________________] | [________________] | [________________] |
| [________________] | [________________] | [________________] |
| [________________] | [________________] | [________________] |
2. Property, jurisdiction, and venue
- The property is at [address or location], [borough or census area], Alaska, in the [________________] Recording District. Its full legal description is: [________________________________________________]. Attach additional pages if needed.
- The property is located in this judicial district. This partition action is brought in the superior court under Alaska R. Civ. P. 3(b).
- Plaintiff acquired the claimed interest by [deed, inheritance, or other instrument and date: ________________]. The instrument was recorded as [recording information, if any: ________________].
3. Claim for partition or sale
- Several persons own the property as tenants in common, and at least one owns an estate of inheritance, life, or years; or the property is subject to a life estate with remainder over. Plaintiff is a person authorized to seek partition under AS 09.45.260 because [state qualifying interest: ________________].
- Plaintiff requests division according to the interested persons' rights. ☐ Partition in kind is feasible because [________________]. ☐ Partition in kind would cause great prejudice because [facts concerning configuration, use, value, or other evidence: ________________]. In the latter case Plaintiff requests sale under AS 09.45.290 and .330.
- Known liens, taxes, occupancy, rents, necessary payments, improvements, or other matters Plaintiff asks the court to consider in determining rights and distribution are: [state facts, amounts, dates, and supporting documents: ________________]. Plaintiff requests a determination of any disputed credits or offsets supported by the evidence; no amount is conceded or deemed due by this allegation alone.
4. Request for relief
Plaintiff asks the court to:
A. Determine the parties' interests under AS 09.45.280;
B. Order partition in kind, with a referee if appropriate, under AS 09.45.290 and .300; or, on proof of great prejudice from division, order a sale under AS 09.45.290 and .330;
C. If property is sold, require the sale report and court review under AS 09.45.530 and .540, address liens and costs under AS 09.45.380, and direct distribution under AS 09.45.400;
D. If an in-kind division is unequal, consider compensation under AS 09.45.590;
E. Apportion partition costs as AS 09.45.620 provides and award attorney's fees, if warranted, under Alaska R. Civ. P. 82; and
F. Grant other relief supported by the evidence and law.
DATED: [__/__/____]
Signature: ______________________________
Name and Alaska Bar No. (if counsel): [________________]
Attorney for: [________________]
Address: [________________]
Phone and email: [________________]
Filing and service record
After filing, obtain the clerk-issued summons and serve it with the complaint under Alaska R. Civ. P. 4. Personal service and restricted-delivery registered or certified mail are governed by Rule 4(d) and (h); other methods under Rule 4(e) require the applicable diligent-inquiry showing and court direction. Record actual service separately for each defendant.
| Defendant | Summons issued | Service date and Rule 4 method | Proof filed |
|---|---|---|---|
| [________________] | [__/__/____] | [________________] | [__/__/____] |
| [________________] | [__/__/____] | [________________] | [__/__/____] |
Sources and references
About this template
- Last updated
- October 4, 2026
- Citations checked
- October 4, 2026
- Jurisdiction
- Alaska
- Category
- Real Estate
Legal authority
- AS 09.45.260
- AS 09.45.280
- AS 09.45.290
- AS 09.45.300
- AS 09.45.330
- AS 09.45.380
- AS 09.45.400
- AS 09.45.530
- AS 09.45.540
- AS 09.45.590
- AS 09.45.620
- Alaska R. Civ. P. 3(b)
- Alaska R. Civ. P. 4(a), (d), (e), (h)
- Alaska R. Civ. P. 82
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 4, 2026.
AS 09.45.260 (checked October 4, 2026): "When several persons own real property as tenants in common, in which one or more of them have an estate of inheritance or for life or years, or when real property is subject to a life estate with remainder over, an action may be brought by one or more of those persons or by the life tenant for a portion of it according to the respective rights of the interested persons, and for a sale of the property or a part of it if it appears that a partition cannot be had without great prejudice to the parties."
AS 09.45.280 (checked October 4, 2026): "The rights of the several parties may be determined in the action. If a party having a share or interest in or lien upon the property is unknown, or any of the known parties reside out of the state or cannot be found in the state, the summons may be served upon the absent or known party by publication as in other actions."
AS 09.45.290 (checked October 4, 2026): "If it appears that the property or a part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property. Otherwise, upon the requisite proofs being made, the court shall order a partition according to the respective rights of the parties as ascertained by it, may appoint one or more referees to partition the property"
AS 09.45.300 (checked October 4, 2026): "In making the partition the referees shall divide the property and allot its several portions to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court"
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