Detailed Answer
This article explains, in plain language, how to start a partition action in Washington to force the sale of an inherited ownership interest in family land. This is an overview of typical steps and legal concepts under Washington law; it is not legal advice.
Key legal rule: Washington law allows a co-owner of real property (for example, an heir who owns an undivided interest) to ask a Superior Court to divide the land or sell it and divide the proceeds. The statutory rules for partition actions appear in the Revised Code of Washington, chapter 7.52. See RCW chapter 7.52 (Partition).
1. Confirm your ownership and chain of title
Before filing, confirm that you own a legal interest in the property. If you inherited the interest through probate or small estate procedures, verify that the executor or personal representative transferred title to you (for example, by deed). Obtain the recorded deed, the probate court paperwork (if any), and a copy of the current county property tax record or title report. If title is unclear, order a preliminary title search.
2. Choose the proper court and venue
File the partition action in the Washington Superior Court for the county where the property is located. Superior Courts have exclusive jurisdiction over real property partition actions.
3. Prepare the complaint for partition
A partition complaint commonly includes:
- A clear legal description of the property (from the deed or county records).
- Your name and ownership share and the names of all other owners (co-tenants) or persons who claim an interest in the property.
- Facts explaining how you obtained your interest (inheritance, descent, deed, etc.).
- A statement asking the court to order a partition in kind (division of the land) or, if division is impracticable or unfair, a sale and equitable distribution of proceeds.
- A request for a court-appointed commissioner or referee to handle the sale and a request for accounting of rents, taxes, and liens that affect distribution.
Washington law favors partition in kind when it is practical but authorizes sale when division is impracticable or inequitable. See RCW chapter 7.52: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52.
4. Name all required parties and serve them
Name every person who holds a recorded interest in the property and any party who may claim an interest (heirs, devisees, lienholders, mortgagees). You must provide proper service of the complaint and summons on each defendant under the civil rules. If a party cannot be found, you may need to ask the court for substituted service or service by publication per the civil rules.
5. Request interim relief if needed
If the property generates rent or the parties disagree about use, you can ask the court for temporary orders about possession, rents, maintenance, insurance, and payment of taxes and mortgage obligations while the case proceeds.
6. Court process, investigation, and possible settlement
After defendants respond, the court may order an inspection, appoint a commissioner to oversee partition, order surveys or appraisals, and set hearings. Many partition cases settle through negotiation or mediation. A buyout is common: one owner pays others their share to avoid sale. If parties cannot agree, the court will decide whether to partition the land in kind or order a sale.
7. Sale and distribution of proceeds
If the court orders sale, it will typically appoint a commissioner to sell the property at public auction or by private sale under court supervision. The court will direct payment of mortgages, liens, taxes, sale costs, and then distribute remaining proceeds to owners according to their shares, after adjustments for contributions, improvements, or waste.
8. Typical timeline and costs
Partition actions vary. Simple cases that settle can resolve in a few months. Contested cases that require appraisal, survey, and sale can take a year or longer. Costs include court filing fees, service fees, survey and appraisal costs, commissioner fees, real estate sale costs, and attorney fees if you hire counsel.
When a partition action is not the best first step
Consider alternatives before filing: negotiating a buyout, selling the property by agreement, mediation, or arranging for one co-owner to buy out others. These options can be faster and less expensive than court litigation.
Practical checklist before you file
- Obtain recorded deed and legal description.
- Collect probate documents showing you inherited the interest, if applicable.
- Get a current title report or property tax statement.
- List all co-owners and possible claimants with last-known addresses.
- Estimate liens, mortgages, taxes, rents, and maintenance costs.
- Decide whether you will seek partition in kind or sale.
Where to find forms and local procedures: Washington Superior Court clerk’s office in the county where the property sits can provide filing instructions and fee schedules. The Washington Courts website hosts general civil forms and guidance: https://www.courts.wa.gov/forms.
Note on statutes: For the statutory framework governing partition actions, see RCW chapter 7.52: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52.
Disclaimer: This information is educational only and does not create an attorney-client relationship. It is not legal advice. For advice about your specific situation, consult a licensed Washington attorney who handles real property and probate matters.