When the estate of a tenant for life or years in a undivided part of the property in question is admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to that estate is a party to the action, the estate may be first set off out of a part of the property and a sale made of that part, subject to the estate of that tenant in that part. But, if in the judgment of the court a due regard to the interest of all the parties requires the sale of that estate also, the sale may be ordered.
Structure Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 45. Actions Relating to Real Property
Sec. 09.45.260. Right of action for partition or sale.
Sec. 09.45.270. Lien on undivided interest.
Sec. 09.45.280. Determination of rights of parties.
Sec. 09.45.290. Order for partition or sale.
Sec. 09.45.300. Report of referees.
Sec. 09.45.310. Effect of judgment.
Sec. 09.45.320. Tenant not affected by judgment.
Sec. 09.45.330. Order of sale.
Sec. 09.45.340. Estate of life or years.
Sec. 09.45.350. Reference to determine liens.
Sec. 09.45.360. Appearance of lienholders before referee.
Sec. 09.45.370. Effect of confirmation of report.
Sec. 09.45.380. Application of proceeds from sale of encumbered property.
Sec. 09.45.390. Lienholder having other securities.
Sec. 09.45.400. Distribution of proceeds of sale.
Sec. 09.45.410. Continuation of action to determine claims to proceeds.
Sec. 09.45.420. Sale procedure.
Sec. 09.45.440. Credit security.
Sec. 09.45.450. Disposal of estate for life or years.
Sec. 09.45.460. Compensation for sale of estate for life or years.
Sec. 09.45.470. Determination of value of estate for life or years sold without consent.
Sec. 09.45.480. Rules for determining value.
Sec. 09.45.490. Protection of unknown tenants.
Sec. 09.45.500. Vested or contingent future rights or estate.
Sec. 09.45.510. Separate sales of farms or lots.
Sec. 09.45.530. Report of sale.
Sec. 09.45.540. Confirmation or vacation of sale.
Sec. 09.45.550. Investment of proceeds belonging to unknown or nonresident owner.
Sec. 09.45.560. Security taken and investments made in name of court clerk.
Sec. 09.45.570. Security taken in names of parties when interests ascertained.
Sec. 09.45.580. Duties of clerk in securities and investments.
Sec. 09.45.590. Compensation for unequal partition.
Sec. 09.45.600. Payment to guardian of share of infant.
Sec. 09.45.610. Payment to guardian of share of insane or incompetent person.