Washington: What to Do If the Other Party Asks the Court Only to Sell the House (No Buyout Terms) | Washington Partition Actions | FastCounsel
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Washington: What to Do If the Other Party Asks the Court Only to Sell the House (No Buyout Terms)

August 18, 2025 5 min read

Detailed Answer

This answer explains practical options under Washington law when the other party asks the court to order the sale of the house but does not propose buyout terms. It assumes the house is an asset in a dissolution, legal separation, or partition context. This is educational information only and not legal advice.

How Washington law treats requests to sell the house

In a domestic-relations case (dissolution, legal separation, invalidity), the court must make a fair and equitable division of property. See RCW 26.09.080 for the court’s power to divide property and fashion remedies. The court can order sale of real property when division or a buyout is impracticable. RCW 26.09.080.

Separately, if there is a partition action between co-owners, Washington law allows a court to partition or order sale and division of proceeds. See the statutes governing partition actions. RCW chapter 7.60 (partition).

If the other side only asks for sale with no buyout terms — your main options

  1. File a clear written response and request clarification. In your response or answer you can object to an order to sell without addressing how equity will be divided or without timing and method. Ask the court to require the petitioner to state the proposed sale method and how proceeds will be distributed.
  2. Ask the court to set temporary orders. Seek temporary exclusive possession, a temporary injunction preventing sale/listing, or a temporary valuation procedure until the court decides division. This can buy time to negotiate a buyout or obtain an appraisal.
  3. Propose specific buyout terms by motion or counterproposal. Offer a buyout method the court can adopt, such as: (a) one party refinances and pays the other their share based on a current appraisal; (b) the court orders a neutral appraisal and uses that value to compute an equalization payment; or (c) the court adopts a sealed-bid/auction or listing-with-proceeds split. Giving the court a concrete plan makes buyout more likely than an immediate forced sale.
  4. Request a valuation (appraisal) and full accounting. Ask the court to order a professional appraisal and require disclosure of mortgage balance, liens, taxes, insurance, maintenance costs, and improvements. The appraised equity (market value minus liens and selling costs) drives any buyout or division calculation.
  5. File a counter-motion for partition, exclusive possession, or different relief. If you and the other party are co-owners outside a divorce, you can file a partition action asking for physical partition (rare for houses) or sale with equitable division under RCW chapter 7.60. If in a family law case, move the court for the remedy that best protects your interest (exclusive use, buyout, or delayed sale).
  6. Negotiate with the other party and use mediation. Courts encourage settlement. Mediation or a settlement conference can produce a buyout plan (refinance, equalization payment) that avoids a public sale and gives both sides control over timing and price.
  7. Prepare to prove adjustments and offsets. If the court orders sale, it will divide proceeds taking into account separate property contributions, premarital ownership, unequal contributions to mortgage or improvements, and debt allocation. Gather documents to show payments, contributions, and the character of the property so the court can make a fair division under RCW 26.09.080.
  8. Consider refinancing or obtaining funding to buy out the other party. If you can refinance the mortgage or get a home-equity loan, you can pay the other party their share and retain the house. The court may approve a buyout where one party refinances and pays the other based on an agreed or court-ordered valuation.

How courts typically decide between sale and buyout

Courts prefer solutions that result in a clean division and minimize harm. When one party requests sale without buyout terms, judges weigh:

  • whether one party can afford to buy out the other;
  • whether delaying sale will unfairly harm either party (e.g., rising carrying costs, foreclosure risk);
  • contributions of each party, including separate property contributions and nonmonetary contributions (childcare, home improvements);
  • the presence of liens, mortgages, or tax issues; and
  • the best timing and method to obtain fair market value.

Practical steps you can take right now

  1. Respond to the petition or motion before deadlines. Include your objections and proposed relief.
  2. Ask for an immediate temporary order if you fear an imminent sale or listing.
  3. Order a neutral appraisal and collect mortgage statements, repairs receipts, tax records, title documents, and proof of contributions.
  4. Talk with a family law or real estate attorney about buyout mechanics and refinancing options.
  5. Consider mediation — courts often require or encourage it, and it can produce a faster, less costly outcome than litigation.

Key Washington statutes to review

Helpful Hints

  • Do not ignore a motion asking for sale. Missing deadlines can limit your options.
  • Get a written professional appraisal early. A reliable number helps settlement and supports motions to buy out or delay sale.
  • Document all mortgage and utility payments, repairs, and contributions — courts use this to adjust splits.
  • If you want to stay in the house, be prepared to show proof of ability to refinance or obtain a loan to pay out the other party.
  • Mediation is often faster and cheaper than court. It lets you control price and timing rather than leaving the choice to a judge.
  • Ask the court for a clear order about sale method, who will pay listing costs, and how closing costs and liens will be handled if you cannot reach agreement.

Next step: Consult a Washington attorney to review your documents, calculate likely equity and offsets, and draft the precise motions or temporary-order requests you’ll need to preserve your rights.

Disclaimer: This article provides general information about Washington law and is not legal advice. For advice tailored to your situation, consult a licensed attorney in Washington.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.