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Alaska Real Estate Law Questions & Answers
0 Answers | Asked in Divorce and Real Estate Law for Alaska on
Q: My name is on a house with somebody can I legally put the house just in my name if it’s still in the old owners name

There’s a house in Alaska that has my name and my ex-boyfriend’s name on it. I left Alaska because of domestic violence I did put money into the house. He paid it off . The house is still in the old owners name and he contacted me and wanted to see how things were going. I told him the... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: my mom & I bought a house together. The deed states 50/50.

my mom & I bought a house together. The deed states 50/50. She paid it off. Her will is now worded to make it sound like she is sole owner and that she has all the rights to make the decisions on the property, after she dies. The attorney led her to believe that since she paid if off that its... View More

Anthony M. Avery
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answered on Oct 24, 2023

Hire an attorney to search the title and determine titled ownership. He should have an opinion about contribution in the event of a partition or other sale.

1 Answer | Asked in Real Estate Law for Alaska on
Q: We have a property that was sold owner contract. They are letting the property go to disrepair. Legal recourse?

The roof is leaking and the electric has gone out in parts of the place. We unfortunately didn’t include keeping the place in good condition in the contract. Can we force to make repairs?

T. Augustus Claus
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answered on Sep 21, 2023

If the contract for the property sale did not explicitly state that the buyers are required to maintain the property in good condition, your options for legal recourse may be limited. Alaska property law generally leans on the written agreements between parties. However, some general principles of... View More

1 Answer | Asked in Divorce and Real Estate Law for Alaska on
Q: How do I remove my girlfriend from the deed to our house we bought together?

We bought it together, money may have come from both accounts, but it all originated from my paychecks, as she made next to nothing during that time, and continued to make next to nothing until very recently. We don’t want to live together, and neither of us are willing to leave. Obviously this... View More

Anthony M. Avery
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answered on Aug 2, 2023

You will probably need to hire an AK attorney to file an action for a Sale For Partition.

1 Answer | Asked in Estate Planning, Real Estate Law and Military Law for Alaska on
Q: HOA is fining me for having a damaged vehicle and bins out for less than 2 weeks, I'm deployed and can't do anything.

A friend of mine is watching my house, and was waiting on a new tire to fix their truck. I had mentioned to her that I had gotten an email from HOA to fix these issues, I had reached back out to the HOA after the fact to let them know what was going on. 10 days later, they fined me for both the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

As you may know, the Servicemembers Civil Relief Act may be applicable. See: https://www.law.cornell.edu/uscode/text/50/chapter-50

50 U.S. Code § 3952 may very well apply to your situation.

1 Answer | Asked in Real Estate Law for Alaska on
Q: My neighbors property caught fire and burned my mature fruit producing trees. It also acted as a privacy boundary line.

My neighbor doesn’t occupy his home as apermanent residence. He has acres of 4ft weeds and hired workers who were not with the right equipment to mow some of it down which caught fire. It spread to my tree line of mature fruit producing trees and burnt my fence post down. What should I do?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

It is unclear whether your property is in Alaska or in Washington. But in any event, you should contact your neighbor's property insurance carrier, if he has one.

1 Answer | Asked in Environmental, Land Use & Zoning, Real Estate Law and Construction Law for Alaska on
Q: Can I be denied permits for a very large developement project on my land on the basis of keeping the land undeveloped?

Lets say I own a deeded 64,000 acre block of forested land with no conservation easments. Then lets say I want to build a town on this land. Houses, subdivsions, trailer parks, businesses, industrial zone, roads. highways, etc. Assuming all the structures to be built are up to code and don't... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

Assuming that your land is in an organized borough or municipality, yes, there are many factors that might make it difficult to develop the land. Check with the code enforcement office of your borough or municipality to see what you might need to do.

1 Answer | Asked in Real Estate Law for Alaska on
Q: Where can i get ejectment package forms to file with the superior court in nome alaska
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2022

This is not a Florida law question, but since I am an inactive Alaska attorney, I might as well give you this link:

http://www.courts.alaska.gov/forms/index.htm#force

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Civil Rights for Alaska on
Q: Homeless disabled ward of state abused as free labor and sexual physical abuse often to trade for shelter a

I was evicted without opa or lawyer present . I was told I abandoned my apt and locked out n things thrown in dump . Opa aware I'm dying and trafficked but no help. How can I better advocate or get my funds to live . I'm disabled with speech impediment

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2022

An Alaska attorney could advise best, but your question remains open for two weeks and your situation is a difficult and heartbreaking one. Under the posted categories, personal injury, real estate attorneys aren't going to know about this - the eviction issue is something for a... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Alaska on
Q: How do I find My Land Left to me by my father I'm a Alaska native
Nina Whitehurst
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answered on Jan 27, 2022

Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.

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1 Answer | Asked in Contracts and Real Estate Law for Alaska on
Q: How to file a court hearing against a HOA for being arbitrary and not enforcing all rules consistently and fairly to all

In short we have a newly formed HOA of 3 years in an area that had a lease that was never enforced and now those same rules are the HOA rules and are only heavily enforced on a very small few. Refuse to address it and discuss it. Allow different rules and exceptions for certain members. Enforce a... View More

Robert King Reges Jr.
Robert King Reges Jr.
answered on Jan 31, 2022

Many homeowner associations are incorporated. Look to their Articles of Incorporation and Bylaws to determine available procedures for voicing complaints. If you follow the proper "administrative" procedures and obtain no substantive review or response then you have a procedural cause... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
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answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

1 Answer | Asked in Real Estate Law for Alaska on
Q: I just foreclosed on a property in alaska. I was 2nd lien. Is it my responsibility to contact the owners? Or them me?

Foreclosed with Deed of trust and promissory note thru divorce. Ex still owes alot to original owners. Should have been paid in full in 2015. All involved avoid/ignore me. Am I responsible for his payment contract?

Anthony M. Avery
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answered on Dec 9, 2020

You are not personally responsible for the priority Note. But if someone does not pay it, at some time in the future the first Deed of Trust will be foreclosed. If there is no surplus, then your Deed is extinguished. But if there is a surplus, and the trustee is honest, you as the second... View More

1 Answer | Asked in Real Estate Law for Alaska on
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?

Robert King Reges Jr.
Robert King Reges Jr.
answered on Nov 2, 2020

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... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: I am looking to buy a lot that is about 0.36 acres but I want to buy only half. What are my options?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2017

Check with the borough or municipality in which the lot is located. What you are proposing may be a violation of a local subdivision ordinance, as well as the zoning code.

1 Answer | Asked in Real Estate Law for Alaska on
Q: My Uncle and his ex- girlfriend bought a house in Alaska.He wants to sell the house, but she refuses.

They are both on the title and bought the house as cohabitants. It's been years since they have broken up. She currently lives inside the home with her immediate family. What can he do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 11, 2017

File suit against her to "partition" the property.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Alaska on
Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold

Can I stop them from selling the house since Ive lived here for almost 6 yrs taking care of my grandparents they won't let me buy it they have a power struggle issue and won't even give it another thought and I have the means to pay it off alztimers disease is horrible

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2017

You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alaska on
Q: I moved back home in 2012 to care for my grandparents during their last days it's been 5 yrs since my grandma has passed

My grandpa is 88 suffering of alztimers ive had no help from any family what rights do I have when he dies concerning his house can I pay off the morguage and stay here if my family wants to kick me out

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2017

If your grandparents had validly executed (while they were still mentally competent) wills, their estate passes by the terms of the wills. If not, by the intestacy statutes. I don't believe there is anything that would compensate you for taking care of them.

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Alaska on
Q: Looking for precedent of liquor stores banned by city in unzoned areas that are clearly residential.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2016

Is this for Dillingham? It may be that the city banned liquor stores under another power than its planning and zoning power. Or one would have to look at the zoning code and see what the code says about "unzoned" areas (or perhaps called an "unrestricted use zone").... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: I have 2 offers on my for sale by owner property. Do I proceed with the first one or the best one?

Do I finalize a price for a backup offer?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2016

The choice is yours, but you should accept the best offer, obviously. You would only accept the backup offer if the acceptance is contingent upon the other sale not happening. It looks like you really need the services of a realtor or attorney on this.

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