Detailed Answer
If mediation fails and you must force the sale of jointly owned land in Washington, you can file a partition action in superior court. Partition is a court process that divides ownership interests in real property. The court will try to divide the property physically (“partition in kind”) if practicable; if not, it will order a sale and divide the proceeds among the owners after paying liens, costs, and expenses. For the statutory framework, see Washington’s partition statute: RCW Chapter 7.60.
Who can start a partition action?
Any co-owner of real property can file a partition action in the county superior court where the property is located. That includes joint tenants, tenants in common, and some persons who hold an interest through a deed or will.
Basic steps and timeline
- File a complaint for partition. You (the plaintiff) file a written complaint asking the court to partition the property and name all known co-owners, lienholders, and others with recorded interests as defendants.
- Service and response. Defendants must be served and will have an opportunity to answer or assert counterclaims (for example, claims for credit for improvements or contribution).
- Pretrial matters and possible settlement. The court may require disclosures, mediation, or settlement conferences. Mediation can happen before or during litigation; if prior mediation failed, the court may still encourage settlement.
- Determination whether partition in kind is practical. The court examines whether it can physically divide the land into separate parcels that match ownership shares without undue injury to owners or the property’s value. If feasible, the court orders a physical division.
- If in-kind partition is impracticable, the court orders sale. The court will appoint a commissioner, referee, or other official to manage the sale (public auction or private sale under court supervision). The sale must follow court instructions and often require notice and minimum bid procedures.
- Accounting and distribution of proceeds. After sale, the court pays mortgage liens, tax liens, sale costs, and any court-allowed expenses. Remaining proceeds divide among owners according to ownership shares, adjusted for credits (e.g., payments made for mortgages, improvements, or rents and profits) and valid liens.
Key legal points under Washington law
- Washington law prefers partition in kind when it is practical; sale is a remedy when division would cause undue injury or is impossible. See RCW Chapter 7.60 for the governing provisions.
- All recorded liens and encumbrances typically must be satisfied from sale proceeds before owners divide net proceeds. A mortgagee may insist on foreclosure or be paid from proceeds of sale.
- Co-owners can assert claims for contribution — e.g., if one owner paid more than their share of mortgage, taxes, or necessary repairs — and the court will adjust distributions accordingly.
- The court may appoint a referee or commissioner to oversee surveying, partitioning, or sale and to report back to the court for approval.
Practical consequences to expect
- Timeframe: Partition litigation can take several months to more than a year, depending on complexity, title issues, and court scheduling.
- Costs: Court filing fees, service costs, surveyor fees, commissioner/referee fees, title and closing costs, and attorneys’ fees (if you hire counsel). The court may allocate costs among parties.
- Uncertainty: A forced sale may produce a lower sale price than an agreed sale. You may be outbid at auction or find the court approves a private sale that one owner dislikes.
- Credit adjustments: Expect accounting hearings where parties claim credits for payments, improvements, rents, and offsets. Keep receipts and records to support such claims.
What you should gather before filing
- Deeds and title documents showing ownership shares and chain of title.
- Mortgage statements, tax bills, and payoff amounts for any liens.
- Records of payments (mortgage, property taxes, utilities, insurance) and receipts for improvements or repairs.
- Any written agreements among co-owners (buy-sell agreements, leases, or prior settlement offers).
Alternatives to court-ordered partition
- Negotiate a buyout where one owner purchases the other’s share at a negotiated price.
- Agree on a private sale and split proceeds, which often saves time and cost compared with litigation.
- Refocus mediation with a different mediator or settlement terms that address valuation disputes (appraisals, staged buyouts, or payment plans).
When to consult an attorney
Consider talking to a Washington real property attorney if title is complicated, multiple liens exist, owners disagree sharply on value or division, or you expect contested accounting claims. An attorney can advise on likely outcomes, represent you in court, prepare the complaint, and help preserve evidence for credits and offsets.
Helpful Hints
- Before filing, get a current title report and at least one independent appraisal to understand market value.
- Keep detailed records of all payments and improvements; courts rely heavily on documentation when adjusting distributions.
- Consider a court-ordered sale’s likely timeline and net proceeds after fees; sometimes a negotiated private sale yields better net proceeds for everyone.
- Ask the court about appointing a neutral commissioner or real estate broker experienced with partition sales to maximize value.
- Be prepared to present evidence of each owner’s contributions and any agreements; voluntary settlement remains the fastest, least expensive route.
- Review RCW Chapter 7.60 for statutory details about partition procedure: https://app.leg.wa.gov/rcw/?cite=7.60.
Disclaimer: This article explains general principles of Washington partition law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Washington attorney.