Defending a Forced Sale of an Inherited House in Washington: Key Steps and Legal Defenses

Quick overview: When a co-owner asks a court to force the sale of property owned together, Washington law allows a partition action. You have several possible defenses and options to avoid or limit a sale — including asking for a partition in kind, asserting equitable defenses, seeking a buyout, or negotiating a settlement. Read on for practical steps and legal concepts to help you respond.

Detailed answer

1. What law generally controls?

Washington permits co-owners to bring an action for partition of real property. The statute that authorizes partition actions begins the state-level rules for these cases: see the Washington Revised Code: RCW 7.52.010. The statute sets out who can file and gives the court authority to order either physical division (partition in kind) or sale.

2. Immediately confirm ownership status and title details

• Determine whether the property is owned as joint tenants with right of survivorship or as tenants in common. Survivorship may change who can be forced into partition.
• Check for a will, trust, or ongoing probate. If the home is still in a probate estate or trust, the timing of a partition action and rights of the parties can be affected.
• Locate deeds, the death certificate of the decedent, mortgage and lien records, insurance, and any written agreements among owners.

3. Common defenses and responses to a partition action

Possible defenses and counterclaims include:

• Ask for partition in kind: If the property can reasonably be divided without unfair prejudice (for example, large acreage that can be split), ask the court for a physical division rather than sale.
• Equitable defenses — waiver, estoppel, laches: If the co-owner delayed unreasonably, waived their right to partition, or made promises relied on by you, the court may refuse or limit relief.
• Accounting and offsets: Seek credit for payments you made toward mortgage, taxes, insurance, repairs, or improvements. You can assert an accounting claim to reduce your share of the sale proceeds.
• Ouster or wrongful conduct: If the moving party ousted you (denied access or otherwise excluded you) or committed waste, you can seek damages or offsets against them.
• Pending probate or trust administration: If the property title is still uncertain because of probate or a trust, argue the partition is premature until title is clarified.
• Liens and creditors: If liens, taxes, or other encumbrances make immediate sale inequitable, the court may address those first.

4. Procedural steps and tactical moves

• Respond promptly: Missing deadlines (answering the complaint, filing motions) can waive defenses. File an answer or appropriate motions within the court deadlines.
• File counterclaims: Common counterclaims include accounting, unjust enrichment, or damages for waste/ouster.
• Request an appraisal: An independent appraisal supports buyout offers and settlement negotiations and helps the court determine fair value if sale is ordered.
• Seek temporary relief: In some circumstances you can ask the court for a temporary injunction or for orders about possession, rents, and who pays expenses while the case proceeds.
• Preserve evidence: Keep receipts, photographs of the property condition, records of payments, communications among co-owners, and proof of any agreements.

5. Alternatives to litigation

• Buyout: Offer (or arrange financing for) a buyout so one co-owner purchases the other’s interest. An appraisal helps set a fair price.
• Mediation or negotiation: Courts often encourage or require mediation. Settling avoids sale costs and unpredictability.
• Partition by agreement: Co-owners can agree on a sale, time to sell (e.g., delay until market improves), or terms that allocate costs and proceeds fairly.

6. Financial and tax considerations

• Partition sales involve costs: court fees, appraisal, realtor commissions, and possible taxes. These reduce net proceeds to co-owners.
• If the property was inherited, basis and capital-gains treatment can be complex; consult a tax advisor about potential liabilities from a court-ordered sale or a buyout.

7. When to hire a Washington real estate attorney

Hire an attorney if:

• You need to file or defend against a partition complaint.
• Title is unclear or there is a probate/trust complication.
• Significant money, liability, or family conflict is involved.
• You need help negotiating a buyout or a mediated settlement.

8. Example scenario (hypothetical)

Two siblings inherit a Seattle house as tenants in common after a parent’s death. One sibling files a partition action seeking sale. The other sibling responds by: (1) confirming the title and that the estate is closed, (2) requesting partition in kind (not feasible for a single-family house), (3) seeking an accounting and credits for mortgage payments they made, and (4) offering a buyout based on an independent appraisal. The parties negotiate and agree on a buyout price to avoid sale costs and uncertainty.

Helpful Hints

• Check the deed right away to learn whether ownership is joint tenancy or tenancy in common; survivorship changes who can be sued.
• Gather documents: deed, death certificate, mortgage statements, tax bills, receipts for repairs/improvements, insurance policies, and any written agreements among owners.
• Get an independent appraisal early to support settlement or to challenge a proposed sale price.
• Keep careful records of money you paid toward the property — mortgage, taxes, insurance, utilities, and repairs — to claim credits or offsets.
• Consider mediation before expensive litigation. Courts commonly encourage ADR in partition disputes.
• Be mindful of deadlines. Missing an answer or motion deadline can eliminate important defenses.
• If you remain in the home, document occupancy and any agreements about rent to avoid later claims of ouster or unpaid rent.
• Talk to a Washington real estate or probate attorney before offering or accepting buyouts or signing agreements; small language differences can have big effects.

Statutory reference: The basic statutory authorization for partition actions in Washington is codified at RCW 7.52. See RCW 7.52.010 for the statute text and related provisions in that chapter.

Next step: If you face a filed partition complaint or anticipate one, preserve documents, get an appraisal, and consult a Washington attorney who handles partition and real property disputes.

Disclaimer: This article is for general informational purposes only and is not legal advice. It explains general principles of Washington law and common options. Laws change and each case is unique. Consult a licensed Washington attorney for advice about your specific situation.