Washington — Forcing Sale of an Inherited Parcel: A Practical FAQ

Short answer

If multiple people own an inherited parcel in Washington and one co-owner refuses to cooperate with a sale, an owner can ask the Superior Court to order a partition (sale) of the property. Washington law authorizes partition actions that result either in physical division of the land or, if division is impractical, a court-ordered sale with proceeds divided among owners according to their ownership shares. See the Washington partition statute at RCW Chapter 7.52.

Detailed answer — step-by-step under Washington law

1. Confirm legal ownership and how title vests

Start by obtaining a certified copy of the deed (from the county auditor where the property sits). The deed shows whether owners hold title as joint tenants, tenants in common, or under another arrangement. Inherited property frequently becomes owned by heirs as tenants in common; tenants in common each hold an individual fractional interest that can be partitioned by court action.

2. Try negotiation and valuation first

Courts prefer parties to settle without litigation. Practical non‑litigation options include:

• Hiring an appraiser and offering a buyout of the refusing co-owner’s share based on fair market value.
• Offering to split sale costs or hire a neutral broker to manage the sale.
• Using family mediation to reach an agreement on listing, price, or buyout terms.

3. When negotiation fails: file a partition action

If negotiations fail, a co-owner may file a partition complaint in the Superior Court of the county where the property is located. Partition actions and remedies are found in RCW Chapter 7.52: https://apps.leg.wa.gov/rcw/default.aspx?cite=7.52.

Key points about partition under Washington law:

• The court will determine the interests of each party and whether the property can be physically divided (partition in kind) or whether a sale is necessary.
• If physical division would impair value or is impracticable, the court commonly orders sale and divides net proceeds according to ownership shares after paying liens, costs, and costs of sale.
• The court may appoint a commissioner or trustee to handle the sale process and report back to the court.

4. Process, timing, and likely outcomes

Typical steps after filing:

1. Service of process on all owners and interested parties (mortgage holders, lienholders).
2. Pretrial procedures (discovery, motions). Parties may file competing valuation evidence or ask for partition in kind.
3. If the court orders sale, it will set sale procedures (usually through a court-appointed commissioner) and approve a sale method (private sale or public auction).
4. After sale, the court approves the distribution of proceeds after paying liens, costs, and any court-ordered adjustments.

A partition action can take months to more than a year, depending on complexity, local court schedules, and whether appeals occur.

5. Costs and possible fee awards

Litigating partition costs money: court filing fees, service costs, appraisal fees, attorney fees, and costs of sale. In some cases the court may apportion costs between parties or award attorney fees if a party acted unreasonably, but fee awards are not guaranteed. Expect sale costs and commissions to be deducted from sale proceeds.

6. Other considerations

• If the deed names owners as joint tenants with survivorship, title may differ from tenants in common; still, the current legal owners can seek partition.
• If the property is in probate and still controlled by an executor or personal representative, coordinate actions with the probate estate. Probate distribution statutes are in RCW Chapter 11.04.
• Tax consequences: sale proceeds and buyouts can create capital gains or other tax impacts. Consult a tax advisor.
• If co-owners occupy the property or collect rent, document income and expenses; these affect final accounting in the partition.

7. When to talk to an attorney

Consider a Washington real estate or probate attorney if:

• Co-owners refuse reasonable offers and you cannot resolve matters informally.
• There are mortgages, liens, or disputes about who owns what fractional share.
• You need help preparing or prosecuting a partition complaint or responding to one.

Helpful Hints

• Collect all documents before you act: deed(s), any will or probate paperwork, mortgage statements, tax records, and insurance documents.
• Order a neutral appraisal early so buyout offers are grounded in market data.
• Offer a documented buyout before filing suit — courts view reasonable settlement efforts favorably.
• Consider mediation; a court-referred mediator can often resolve disputes faster and cheaper than litigation.
• Be prepared for costs: set aside money for appraisal, court fees, and potential attorney fees.
• Keep a careful paper trail of offers, refusals, and communications between co-owners.
• If you plan to file, file in the Superior Court in the county where the property is located; court clerks can guide you to local filing requirements and forms.