Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Washington law, co-owners of real property who cannot agree on the use, possession or disposition of the property can file a partition action to divide interests.
The governing statute is RCW 7.52.010. A court may order: a physical division of the land among owners, or, if division is impractical or inequitable, a sale of the entire property and distribution of proceeds among the parties according to their share.
Key steps in a Washington partition action:
- Filing the Complaint. A co-owner (plaintiff) files a petition for partition in the superior court of the county where the property lies (RCW 7.52.020). The complaint must identify all co-owners and their interests.
- Service of Process. Each co-owner (defendant) must be served with the complaint and summons under the rules in RCW 4.28.080.
- Joinder of All Parties. All co-owners and persons with recorded interests (liens, leases) are necessary parties (RCW 7.52.020).
- Valuation and Determination. The court appoints commissioners or referees to value the property and report whether physical division is feasible (RCW 7.52.060).
- Order of Sale. If division is impractical or inequitable, the court orders a sale at auction or public sale (RCW 7.52.140). Proceeds are held by the court and distributed according to each party’s legal share, after deductions for costs and commissions.
- Distribution. After sale, the clerk distributes net proceeds to parties based on their ownership interests (RCW 7.52.150).
Washington courts favor partition in kind (physical division) when it does not prejudice any party. They order sale only when division would materially impair value or use.
Helpful Hints
- Identify and include all co-owners and lienholders in your complaint to avoid delays.
- Gather recent appraisals or surveys to support or oppose physical division.
- Consider mediation or negotiation before filing to save time and costs.
- Understand that sale costs (commissions, court costs) will reduce net proceeds.
- Consult a qualified real estate or litigation attorney for personalized guidance.