How a co-owner can get money instead of a physical share under Washington law

This FAQ explains how a co-owner (for example, a tenant in common or other co-owner of real property) can obtain monetary compensation rather than receiving a physical portion of the property under Washington law. It outlines voluntary options, the court partition process, and practical steps to improve your chance of a cash buyout.

Detailed answer — overview and legal basis

When two or more people own property together, each owner has an ownership interest. If the owners cannot agree about keeping or dividing the property, Washington law allows a co-owner to seek a partition. A partition action asks the superior court to divide the property into separate physical shares (partition in kind) or to sell the property and divide the proceeds (partition by sale).

Washington’s partition statutes are codified in the Revised Code of Washington, Title 7, chapter 60. See the chapter for the full rules and procedures: RCW 7.60 — Partition.

Two primary paths to get money instead of property

Voluntary buyout or settlement: The easiest path is negotiating a cash buyout where one co-owner purchases the others’ interests. This can be done privately or with the assistance of mediation, appraisal, and a written buyout agreement. A voluntary buyout avoids court costs and gives parties control over price, timing, tax treatment, and liens.
Court-ordered partition by sale: If the co-owners cannot agree, a co-owner can file a partition action in the county superior court where the land sits. The court can order the property sold and the net sale proceeds divided among the owners according to their ownership shares after paying liens, mortgages, taxes, costs, and any equitable adjustments the court orders.

How a partition action works (step-by-step)

Below is a simplified sequence for a partition action in Washington:

Filing: A co-owner (plaintiff) files a complaint for partition in the superior court for the county where the property is located. The complaint names all co-owners and interested parties.
Service and response: Parties are served and can file answers. They may raise defenses or ask the court to order a division in kind rather than a sale.
Investigation and appraisal: The court typically orders an appraisal(s) and may appoint commissioners or referees to inspect the property and recommend division or sale methods.
Hearing and order: After evidence and recommendations, the court decides whether partition in kind is feasible. If in-kind division is impractical or inequitable, the court will likely order a sale and direct how proceeds will be distributed.
Sale and distribution: The property is sold (often at public auction or by private sale as the court directs). Costs, liens, mortgages, taxes, and approved credits (for improvements, payments of mortgage/taxes by one owner, etc.) are paid from the sale proceeds. The court then awards each co-owner the net share based on ownership fractions and any equitable adjustments.

Because the court can order sale rather than physical division, a partition action is a common route to obtain money rather than a physical slice of real estate.

What the court considers when choosing sale vs. division

The court weighs whether the property can be practically and fairly divided without significant loss to the owners. Factors include the property type (e.g., a single-family home is hard to divide), physical layout, improvements, cost and fairness of dividing, and the owners’ interests. If fair division would significantly reduce value or be impractical, the court usually orders a sale.

Adjustments, credits, and liens

Proceeds from a partition sale are subject to liens and mortgages that attach to the property. The court also accounts for equitable adjustments, such as:

Payments by one co-owner for mortgage, taxes, insurance, or repairs that benefitted the property;
Improvements or waste that increase or decrease value;
Possession disputes where one owner occupied the property and received benefit or rent may lead to offsets.

The court may direct an accounting so that each owner receives a fair net share.

Costs, attorneys’ fees, and timeline

Partition actions involve court filing fees, appraisal fees, potential commissioner/referee fees, advertising and sale costs, and attorneys’ fees. The court may charge these costs against the property sale proceeds. The timeline varies by county and facts but typically takes several months to over a year when appraisal, hearings, and sale logistics are needed.

Other legal and practical options

Mediation or collaborative negotiation: Try mediation to reach a buyout or other settlement terms that avoid court.
Encumbrance payoff before sale: Parties can agree to pay mortgages or liens or adjust buyout amounts accordingly.
Refinance to buy out co-owner: If one co-owner can refinance the mortgage in their own name, they can use loan proceeds to buy out the other owners.

Hypothetical example

Two siblings own a house as tenants in common, each 50%. One sibling wants to sell; the other wants to keep the home. The sibling who wants cash can either offer a buyout with a professional appraisal to set price or file a partition action in superior court. If the court finds division in kind impractical, it can order a sale, pay the mortgage and costs from sale proceeds, and distribute the remaining funds, giving each sibling their share (subject to credits if one sibling paid mortgage payments or made improvements).

Relevant statute hub: RCW 7.60 — Partition.

Helpful hints

Start with a written appraisal: a neutral market valuation helps negotiations and court credibility.
Document expenses and payments: keep records of mortgage payments, taxes, repairs, and improvements to support equitable credits.
Try mediation before filing: courts often encourage settlement and mediation can save time and money.
Consult a Washington attorney experienced in real property and partition law early—especially if the property has mortgages, liens, or complex ownership histories.
Prepare for costs: expect appraisal fees, court costs, and potential sale expenses; these usually come out of sale proceeds.
Consider refinancing: if one co-owner qualifies, refinancing can provide funds to buy out the other without a court sale.
Know the likely outcome: for single buildings or residences, courts commonly order sale rather than physical division.

Where to read more and find forms

Washington partition statutes: RCW 7.60 — Partition.
Washington Courts website for local filing information and superior court contacts: Washington Courts.