What to expect when a court-appointed commissioner handles a private sale of a co-owner’s share in Washington

Disclaimer: This article explains how Washington law commonly treats disputed co-ownership and court-ordered sales. It is educational only and not legal advice. Consult a licensed Washington attorney to apply the law to your situation.

Detailed Answer

When co-owners of real property cannot agree and one owner files a partition action, Washington law allows the court to divide the property in kind (physically) or to order a sale and split the proceeds. The statutory framework for partition actions is found in the Washington Revised Code, chapter 7.60 (Partition). See: RCW 7.60.

Key steps and practical points under typical Washington procedure when the court uses a commissioner to handle a private sale:

Filing and service. A co-owner (the plaintiff) files a partition complaint in superior court asking for division or sale. The court serves other owners and interested parties. Each owner gets a chance to respond and present evidence about whether the property can be divided.
Court decision: division vs. sale. If the court finds physical division would be impracticable or inequitable, it may order a sale instead of dividing the property. The court has broad discretion to select the most just remedy under the circumstances. (See RCW 7.60 for the statutory authority.)
Appointment of a commissioner. When the court orders sale, it frequently appoints a commissioner (sometimes called a special master or commissioner of sale) to manage the sale process, collect bids, and report back to the court. The commissioner acts under the court’s instructions and supervises the steps needed to market and sell the property.
Private sale vs. public sale. A commissioner may conduct either a public auction or a private sale, depending on the court’s directions and what the commissioner determines will reasonably protect the owners’ interests. A private sale is typically allowed only if the commissioner and court find it will likely obtain fair value, or if circumstances (e.g., tenant-occupied property, unique property type, or market conditions) make a private sale preferable.
Marketing, appraisal, and terms. The commissioner usually arranges an appraisal or market analysis and markets the property to potential buyers. They will propose sale terms (price, contingencies, closing date). Owners typically receive notice of proposed sale terms and an opportunity to object before the sale is finalized.
Objections and hearings. Before the court confirms a private sale, owners may submit objections to the commissioner’s proposed sale or to the commissioner’s report. The court will hold a confirmation hearing to decide whether to approve the sale. The court will refuse to confirm a private sale if the sale price is unfair or if the sale process was improper.
Confirmation and deed transfer. If the court confirms the sale, the commissioner or the successful purchaser can obtain a court order or deed to transfer title. The sale proceeds are then collected and held for distribution.
Payment of liens, costs, and distribution. From the sale proceeds, the commissioner or the clerk pays valid liens (mortgages, judgments), commission and sale expenses, court costs, and taxes. Remaining net proceeds are divided among owners according to their ownership interests or court decree.
Rights after sale. Owners who objected can appeal the confirmation order on limited grounds (for example, fraud in the sale, lack of notice, or abuse of discretion). Appeals have short deadlines and procedural rules, so act quickly if you plan to challenge the sale.

Practical examples (hypothetical)

Example A: Two siblings co-own a rental house. One sibling wants to sell, the other wants to keep it. The court orders sale and appoints a commissioner. The commissioner markets the property and negotiates a private sale to a buyer at fair market value. The non-selling sibling objects because the price seemed low. At the confirmation hearing the court finds the sale process adequate and confirms the sale; after liens and costs, the proceeds are split 50/50.

Example B: Three friends co-own an irregular parcel that cannot be divided without destroying value. The commissioner solicits offers, but one co-owner offers to buy out the others. The commissioner reports the buyout offer to the court. The court may approve the buyout if the price is fair, or it may reject it and order an open-market sale to protect the non-selling owners.

What you can do if you’re a co-owner facing this process

Get informed quickly. Read the court orders and the commissioner’s reports. Note deadlines to object or appeal.
Obtain a current appraisal or market analysis. A credible valuation will help you evaluate whether the private sale price is fair.
Communicate offers in writing. If you can buy the other shares or present a better sale plan, put it in writing and present it to the commissioner and court.
File timely objections. If you suspect impropriety or unfair price, file objections with the court before the confirmation hearing.
Preserve evidence. Keep emails, advertisements, appraisal reports, inspection reports, and communications about the sale process to support any challenge.
Talk to a Washington property attorney. Partition cases involve procedural rules and tight deadlines. A lawyer can help you evaluate buyout options, draft objections, and represent you at confirmation hearings and appeals.

Helpful Hints

Review the partition statute: read RCW 7.60 online for the statutory framework: RCW 7.60 (Partition).
Act fast on deadlines — courts set short windows for objections and appeals in sale confirmations.
Get an independent appraisal before the confirmation hearing; it strengthens objections to an inadequate price.
Consider negotiation: proposing a fair buyout or settlement before sale can save time and money.
Ask the court for clear sale instructions (minimum acceptable price, marketing requirements) if you are worried the commissioner will accept too-low offers.
Budget for costs: commissioner fees, attorneys’ fees, taxes, lien payoffs, and sale commissions reduce net proceeds.
If the property has tenants or outstanding leases, make sure the commissioner addresses lease obligations and notice to tenants in the sale plan.

Partition and sale by commissioner involve both factual and procedural complexity. If you face a pending partition action in Washington, consult a lawyer promptly to preserve your rights, meet deadlines, and maximize your share of any sale proceeds.