Anaheim, CA asked in Real Estate Law for Alaska

Q: I own property in Haines Alaska jointly with my ex wife who lives in oregon. I use the property for a business I own.

I would like to buy her out but we can't come to an agreement. Can she force me to sell the property and split the money?

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1 Lawyer Answer
Robert King Reges Jr.
Robert King Reges Jr.
PREMIUM
Answered
  • Anchorage, AK
  • Licensed in Alaska

A: You do not say the capacity in which you "jointly own" but typically in Alaska a husband and wife acquire real estate "by the entirety" meaning 'as husband and wife.' Given that you are apparently divorced I'm presuming your ownership was converted to "tenants in common." Either you or your ex-wife may seek "Partition." This is a remedy employed by Alaska Courts to sever the commonality of the ownership between the "tenants." Fashioning the particulars of the remedy can be accomplished by a skilled attorney. Actual division of the real estate is preferred by the statutes but compulsory sale is an available remedy if "partition cannot be made without great prejudice to the owners."

AS 09.45.290. In short, you may be able to compel sale to you with her fair share of the market value being paid by you to her.

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