Washington — Forcing a Property Sale When a Co-Owner Refuses Mediation

Detailed Answer

Short answer: Under Washington law, if a co-owner refuses further mediation, you can file a partition action in superior court asking the court to divide the property (partition in kind) or order its sale and divide the proceeds (partition by sale). Washington’s partition statutes govern the procedure and remedies. See the partition chapter in the Revised Code of Washington: RCW Chapter 7.60.

What is a partition action?

A partition action is a lawsuit filed in Washington superior court by one or more co-owners of real property asking the court to physically divide the land among owners (partition in kind) or, if division is impractical or unfair, to sell the property and split the proceeds (partition by sale). The court decides the appropriate remedy based on the property, the owners’ shares, and fairness.

Who may file and when?

Any co-owner of real property—tenants in common or joint tenants—may file a partition action. If the property is jointly owned by spouses or is subject to special family-law or bankruptcy protections, there may be additional steps before a sale. In typical co-ownership disputes, refusal to mediate does not prevent you from asking the court for partition.

How the court decides between division and sale

The court prefers partition in kind (physical division) when it can be done without materially harming the value. When the property cannot be divided fairly (for example, a single-family house on one lot), the court will usually order sale. The court may appoint a commissioner or referee to carry out the sale and handle distribution of proceeds. For statutory authority and procedure, see RCW 7.60.010 and related sections in RCW Chapter 7.60.

Typical step-by-step process

1. Collect ownership documents: deed, title report, mortgage and lien information, tax records, and any written agreement between co-owners.
2. Try written demand: send a formal written demand for sale or buyout. Document the refusal to mediate further—this helps show you tried alternatives before litigation.
3. Hire an attorney (recommended) and file a partition complaint in superior court. The complaint requests partition in kind or sale and asks the court to appoint necessary officers (commissioner, receiver).
4. Serve the co-owner(s). They can respond, assert defenses, or propose alternatives (buyout, consented sale).
5. Discovery and valuation: the court may order appraisals, inspections, and accounting of income and expenses related to the property.
6. Court decision: if partition in kind is impractical, the court will order sale. The court typically appoints a commissioner to sell the property at public auction or by private sale under court supervision.
7. Distribution of proceeds: after paying liens, costs and any court-ordered expenses, the net proceeds are split according to each owner’s legal interest.

Evidence and documents you’ll need

• Recorded deed(s) showing current ownership and ownership shares.
• Mortgage and lien documents.
• Title report or abstract and any agreements among owners (buy-sell, operating agreements).
• Recent appraisal or market-value information and comparables.
• Records of expenses, rents, property taxes, and improvements (helps with accounting claims).
• Copies of written attempts to resolve the dispute (demand letters, mediation records).

Costs, timeline, and likely outcomes

Timelines vary. A straightforward partition can take several months; contested disputes often take a year or more. Costs include filing fees, appraisal fees, commissioner or receiver fees, sale costs, and attorney fees. The court has limited authority to allocate court costs and attorney fees; in some cases the court may award fees based on equity or contract. Expect proceeds to be reduced by liens, costs of sale, and unpaid property obligations.

Practical tips on negotiating a buyout

Before or during litigation, offer a buyout formula: obtain an appraisal, subtract outstanding liens and sale costs, and multiply the net value by the co-owner’s share. Consider using an escrow and a deadline. A court-ordered sale may produce a lower net result, so pragmatic buyouts can save time and expense.

When mediation refusal matters

Mediation refusal does not prevent filing a partition action, but courts value records of attempted resolution. If local court rules require early settlement conferences or mediation, the court may still order ADR. Document your offers to mediate and any refusals; this strengthens your position and helps the judge evaluate who drove the litigation.

Special situations to watch for

• If the property is a family home and a co-owner claims homestead protection or the owners are married, you may need to address family-law procedures first.
• Bankruptcy by a co-owner can pause a partition sale—consult an attorney if bankruptcy is involved.
• Environmental liabilities, leases, or tenant rights (if rental property) can complicate sales and distributions.

Where to find the statutory law

Washington’s partition law appears in the Revised Code of Washington. Start with the chapter overview at RCW Chapter 7.60. For the basic statement allowing partition actions, see RCW 7.60.010. Your local superior court’s civil rules and local administrative orders also affect timing and procedures.

Important disclaimer: This article provides general information about Washington law and common procedures. It is not legal advice and does not create an attorney‑client relationship. For guidance tailored to your situation, consult a licensed Washington attorney.

Helpful Hints

• Confirm the exact type of ownership (tenants in common, joint tenancy, or other). Ownership type affects rights and remedies.
• Get a current title report early to identify liens and other encumbrances.
• Obtain at least one independent appraisal before filing—courts rely on fair-market valuation evidence.
• Document all settlement efforts in writing. Judges favor parties who show good-faith attempts to resolve disputes without court intervention.
• Consider a short window to allow a co-owner to buy your interest at a fair market price—courts sometimes encourage buyouts to avoid sale costs.
• Prepare for costs: sales can be expensive. Budget for appraisals, legal fees, and sale commissions or commissioner fees.
• Check for homestead or family-law claims that could delay or affect sale—address these early with counsel.
• If time is urgent (e.g., foreclosure risk), file quickly and ask the court for temporary relief (injunction or receiver) to protect the property’s value.