Title 34, Property

(a) An arrangement is a community property trust if one or both spouses transfer property to a trust, the trust expressly declares that some or all the property transferred is community property under this chapter, and at least one trustee is a qualified person whose powers inclu…

(a) Spouses may hold community property in a form that designates the holders of it by the words “(name of one spouse) or (name of other spouse) as community property.” Community property held in this form is subject to AS 34.77.040(a)(6). (b) Spouses may hold community property …

(a) If a policy issuer makes payments or takes actions in accordance with the policy and the issuer's records, the issuer is not liable because of the payments or actions unless, at the time of the payments or actions, the issuer had actual knowledge of inconsistent provisions of…

(a) Except as provided otherwise in AS 34.77.110, mixing community property with property having another classification reclassifies the other property as community property unless the component of the mixed property that is not community property can be traced. (b) If a communit…

(a) A spouse has a claim against the other spouse for breach of the good faith requirement under AS 34.77.010 resulting in damage to the claimant spouse's present undivided one-half interest in community property. (b) If the spouses have signed a community property agreement or a…

If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, at the death of a spouse domiciled in this state, property of the spouse that can be traced to property received by the spouse after the determin…

(a) Upon the death of a spouse, one-half of the aggregate value of the community property owned by the spouses and by any community property trust established by the spouses reflects the share of the surviving spouse and the other one-half reflects the share of the decedent. (b) …

This chapter shall be applied and construed to effectuate its general purpose and to make uniform the law with respect to the subject of this chapter among states enacting it.

In this chapter, (1) “acquire” in relation to property includes obtaining reductions of indebtedness on encumbered property and obtaining a lien on or a security interest in property; (2) “appreciation” means a realized or unrealized increase in the value of property; (3) “commun…

This chapter may be cited as the Alaska Community Property Act.

The money that is received by a settlement agent for an escrow transaction is not the property of the settlement agent and is not subject to execution, attachment, or other form of collection for a claim against the settlement agent. Escrow money may not be used for a purpose oth…

(a) A settlement agent shall segregate on the records of the settlement agent the escrow money from one escrow transaction from all other money, including the escrow money of other escrow transactions. Escrow money from more than one escrow transaction may be deposited into a sin…

Notwithstanding any other provision of law, interest may not be collected or paid by a settlement agent on money held for an escrow transaction unless authorized in writing by the parties to the escrow transaction, including the settlement agent.

(a) A settlement agent may not disburse escrow money unless items that are at least equal in value to the proposed disbursements have been received by the settlement agent for the escrow transaction, have been deposited as required by AS 34.80.020(b), and are available for withdr…

A settlement agent may not record in the office of the recorder in this state or record in an office in another state that is equivalent to the office of the recorder, file under AS 45.29 in this state or file under an equivalent statute in another state, or deliver a conveyance …

In this chapter, (1) “depository escrow account” means an account that holds escrow money pending completion of an escrow transaction and that is in a financial institution; (2) “escrow money” means the money that is received by a settlement agent for an escrow transaction; (3) “…

This chapter may be cited as the Good Funds Act.

A manufactured home becomes real property if (1) the home is permanently affixed to land under AS 34.85.150; (2) an affixation affidavit has been recorded under AS 40.17.125; (3) the ownership interests in the manufactured home and in the real property to which the manufactured h…

(a) When a manufactured home becomes real property under AS 34.85.010, a mortgage, deed of trust, lien, or security interest that can attach to land, buildings erected on land, or fixtures affixed to land or buildings attaches to the manufactured home in the same manner as if the…

If the owner of a manufactured home is not the owner of the real property on which the manufactured home is located, the requirement under AS 34.85.010(3) that the ownership interests be identical is satisfied if the owner possesses the real property under (1) a lease in a record…

An affixation affidavit must provide (1) the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home; (2) whether the manufactured home is new or used; (3) a statement that the person execut…

(a) An owner's statement for an affixation affidavit must comply with (b) or (c) of this section. (b) If a manufactured home is covered by a manufacturer's certificate of origin, the owner of the manufactured home shall (1) state that the manufactured home is covered by a manufac…

Permanently affixing a manufactured home to real property or recording an affixation affidavit under AS 40.17.125 does not impair the rights of a holder of, or the character of, a lien or encumbrance on a manufactured home under AS 28.10.381 unless an application to cancel the ti…

When a person designated in an affixation affidavit to file the affixation affidavit with the department receives a certified copy of the recorded affixation affidavit, the person shall deliver the certified copy of the affixation affidavit to the department for filing under AS 2…

(a) Except as provided in AS 34.85.010, 34.85.020, 34.85.090, and AS 40.17.125, an affixation affidavit is not necessary or effective to convey or encumber a manufactured home or to change the character of a manufactured home to real property. (b) A conveyance of land on which a …

If an affixation affidavit has been recorded for a converted manufactured home and if the converted manufactured home is severed from the real property to which it was affixed, each person having an interest in the real property shall record a severance affidavit in the recording…

The severance affidavit must contain or be accompanied by (1) the name, residence, and mailing address of the owner of the manufactured home; (2) a description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensio…

On receipt of a certified copy of the severance affidavit by the person designated in the affidavit for filing with the department, the person shall file the certified copy with the department under AS 28.10.262 — 28.10.264.

(a) An affixation affidavit and a severance affidavit must be acknowledged in the same manner as a conveyance of real property and must be in a form that may be recorded under AS 40.17. (b) The department shall establish by regulation the forms for an affixation affidavit and a s…

A manufactured home is permanently affixed when it is (1) anchored to real property by attachment to a permanent foundation; (2) constructed in accordance with applicable state and local building codes and manufacturer's specifications as provided in the Model Manufactured Home I…

In this chapter, unless the context requires otherwise, (1) “affixation affidavit” means an affixation affidavit under AS 34.85.060; (2) “department” means the Department of Administration; (3) “manufactured home” has the meaning given in AS 45.29.102; (4) “permanently affixed” m…

This chapter may be cited as the Manufactured Home Property Act.