Detailed Answer — How to pursue a partition action in Washington when a co-owner won’t cooperate
If you inherited real property with one or more co-owners and one co-owner refuses to cooperate with selling or dividing the property, you can ask a Washington superior court to order a partition. Partition is the legal process that divides property among co-owners or orders its sale and division of proceeds. Washington’s partition laws are in Chapter 7.52 of the Revised Code of Washington. See the statute overview: RCW Chapter 7.52 — Partition.
1. Who can bring a partition action?
Any person who owns an undivided interest in real property (commonly a tenant in common) may file for partition. That typically includes heirs who received property through probate or intestacy, co-owners under a deed, or a personal representative acting under authority from probate. See RCW Chapter 7.52 for statutory authority: RCW 7.52.
2. Key pre-filing steps (what to do before you file)
- Confirm current ownership and how title is held. Pull the deed, review the title, and order a current title report if possible. That tells you whether the property is held as joint tenants, tenants in common, or subject to liens or mortgages.
- Check probate status. If the property is still in a decedent’s estate, determine whether the personal representative has authority to sell or convey the property. Review applicable probate authorities under Washington law (RCW Title 11 — Probate).
- Try to resolve the dispute first. Send a written demand to the co-owner describing the proposed resolution (sale, buyout, or division) and a deadline. Offer mediation or valuation by an appraiser. Courts often encourage settlement before trial.
- Get valuations and a survey estimate. An independent appraisal and a current property survey (if boundaries matter) help the court decide whether partition in kind (physical division) is feasible or whether a sale is fairer.
- Identify mortgage and lien holders. A partition action must account for prior liens. Know the mortgage holder, tax liens, and any judgments against the property.
3. Filing the partition complaint — basic procedural steps
Partition actions are filed in the superior court of the county where the property sits. Typical steps:
- Prepare a complaint for partition. The complaint should state each plaintiff’s and defendant’s name, describe the property with a legal description, state the type and extent of each party’s interest, and request partition in kind or a sale and distribution of proceeds.
- Name all necessary parties. Include all co-owners, lienholders, mortgagees, and anyone with a recorded interest in the property.
- File in superior court. File your complaint and pay the filing fee in the county where the property sits. The superior court clerk can provide local forms and fee information.
- Serve defendants. Serve all named defendants following the Washington Rules of Civil Procedure (CR 4 and related rules) so they receive formal notice.
- Ask the court for provisional remedies if needed. For example, request a lis pendens (notice of pending action) be recorded to alert future buyers or lenders that the property is subject to litigation.
4. What the court can order
Under Washington law the court may:
- Order partition in kind — physically divide the land among owners if it is practical without material injury to the owners’ interests.
- Order sale and distribution of proceeds — if partition in kind is impracticable or would cause great prejudice, the court can order a sale (public or private) and a division of net proceeds among owners according to their interests.
- Appoint commissioners or referees — the court can appoint commissioners, referees, or real estate appraisers to examine, value, and divide the property or conduct the sale. See RCW Chapter 7.52 for details: RCW 7.52.
5. Costs, timing, and practical effects
Expect costs for filing fees, service, survey, appraisals, real estate commissions (if sold), and attorneys’ fees if you hire a lawyer. The action can take months or longer depending on complexity and whether the parties settle. If the court orders a sale, the net proceeds are distributed after paying liens, expenses, and any court-ordered adjustments.
6. Special issues for inherited property
- Ownership type matters. If the property was held as joint tenancy with right of survivorship, the surviving joint tenant may own the whole property and a partition action by heirs typically won’t apply. If the property passed to heirs under a will or intestacy, heirs usually become tenants in common and can seek partition.
- If the estate still has open probate, the personal representative may be able to sell real property under probate authority. Check RCW Title 11 for the personal representative’s powers: RCW Title 11 — Probate.
- Liens and taxes. Any mortgage or tax lien remains attached. The sale proceeds will typically pay those liens before distribution.
7. When to hire a lawyer
Consider hiring a Washington real estate or litigation attorney if: the title is unclear; co-owners live out of state; there are mortgages, tax liens, or disputes about heirship; or the value at stake is substantial. An attorney can prepare pleadings, handle service and discovery, represent you at hearings, and coordinate appraisals or court-appointed commissioners. If cost is a concern, ask about limited-scope representation or mediation first.
Relevant statute link: RCW Chapter 7.52 — Partition: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52
Disclaimer: This is general information about Washington law and not legal advice. For advice tailored to your situation, contact a licensed Washington attorney.
Helpful Hints
- Start by confirming how title is held. The deed and a title search answer many questions early.
- Send a clear written demand before filing. Courts and judges favor parties who try to negotiate first.
- Get a professional appraisal so you can propose a fair buyout or sale plan.
- Record a lis pendens after filing to protect the property from conflicting transfers.
- Include all lienholders and possible heirs as defendants so the court can bind everyone and the order will be effective.
- Ask the court for a sale instead of division when the lot is small or improvements make physical division impractical.
- Consider mediation to avoid time and costs of litigation; many courts support or require mediation in civil disputes.
- Keep thorough records of communications with co-owners. That helps if the court examines attempts at settlement.