Washington — How to Compel a Spouse to Sell a House and Distribute Proceeds

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Can I force a surviving spouse to sell the house and distribute the proceeds under Washington law?

Short answer: Possibly — but the answer depends on how the house is titled, whether the will gives the executor a power to sell, and whether the surviving spouse has statutory protections (homestead, family allowance, or ownership rights). You will typically need to open probate or bring a civil action (partition) and ask a Washington court to order sale and distribution. This is general information and not legal advice. Consult a Washington probate or real estate attorney about your specific situation.

Detailed Answer: Steps to compel sale and distribute proceeds in Washington

Below is a practical roadmap based on typical Washington probate and civil procedures. Replace these hypothetical facts with your own facts when you speak with counsel: imagine a decedent left a will that directs the house be sold and the proceeds distributed to non-spouse beneficiaries, but the surviving spouse remains in the house and refuses to cooperate.

1. Determine title and legal interests

  • If the house was owned solely by the decedent and passes under the will, it is estate property and typically must be handled in probate.
  • If the house was titled as joint tenants with right of survivorship or held in a tenancy by the entireties (rare in WA), it may pass automatically to the surviving owner outside probate and you cannot force a sale through probate alone.
  • If the surviving spouse holds an ownership interest (for example, community property or joint title), you may need a partition action to force sale of jointly owned property.

2. Open probate or determine if probate is necessary

Bring the will to the county probate court where the decedent lived and petition to admit the will to probate and to appoint a personal representative (executor). A personal representative has the authority to administer estate property, pay debts, and (with court approval or under powers in the will) sell real estate.

See Washington probate law (Title 11 of the Revised Code of Washington) for general rules: RCW Title 11 — Probate and Trust Law.

3. Personal representative’s authority to sell the house

  • If the will grants a specific power to sell real property, the personal representative may be able to sell without additional court permission (but some courts still require notice and confirmation).
  • If the will does not grant a sale power, the personal representative typically must petition the probate court for authority to sell estate real property. The court considers creditors, heirs’ interests, and statutory rights such as homestead and family allowance.

4. Surviving spouse’s statutory rights can block or delay sale

A surviving spouse may have rights under Washington law that affect sale and distribution:

  • Homestead exemption or right to occupy the family home for a period may protect the spouse from immediate displacement. (See generally Washington homestead law: RCW Chapter 6.13.)
  • Family allowance or allowances for support during administration can give the spouse funds and temporary housing protections during probate. (See RCW Title 11 for probate allowances and priorities.)
  • If the spouse elects to take a statutory share instead of what the will gives (if that option applies under WA law), that election can change how property is distributed.

5. If the spouse refuses to vacate or cooperate

Recommended procedural paths:

  1. Ask the probate court, as personal representative, to authorize sale of the house and to issue orders for distribution of proceeds after satisfying statutory allowances and liens. The court can order a sale and direct how proceeds are divided.
  2. If the spouse is a co-owner (tenant in common) rather than merely an occupant, file a civil partition action in superior court asking the court to divide or sell the property and allocate proceeds. Washington law provides for partition actions in civil court: RCW Chapter 7.60 — Partition.
  3. If the spouse holds title outside the estate (joint tenancy or survivorship), probate may not control the property — you will need to examine title and consider other remedies such as quiet-title or equitable actions; consult an attorney promptly.

6. Practical timeline and court mechanics

Typical steps and timing:

  • Filing probate and appointment of a personal representative: several weeks to a few months depending on county and whether the will is contested.
  • Petition for authority to sell real estate or a partition action: additional weeks to months; the court will set hearings and require notice to interested parties.
  • Sale process: if the court approves sale, marketing, and sale can take months depending on the market.

7. What the court considers when deciding to force a sale

Court factors include whether sale is necessary to pay debts, whether less-intrusive options exist (e.g., buyout by a beneficiary), the statutory rights of the spouse, and fairness among heirs. The court balances creditors’ and beneficiaries’ interests against any lawful claims by the spouse.

8. If the will directs sale and distribution

Even if the will clearly directs sale, statutory spouse protections and title issues can override or modify that instruction. The personal representative should seek a court order implementing the will’s direction while protecting statutory rights such as homestead and allowances.

9. When to hire a lawyer

Hire a Washington probate or real property attorney if any of these are true:

  • Title is unclear (joint tenancy, survivorship, or beneficiary deed).
  • The surviving spouse claims homestead, an elective share, or asserts ownership.
  • The spouse refuses to vacate and you need a court order for sale, partition, or possession.
  • Creditors must be paid or there are liens or mortgage issues on the property.

Sample hypothetical scenario and likely outcome

Hypothetical: Alice dies owning her house in her name only. Her will instructs sale of the house and distribution of net proceeds equally among her three children. Her spouse, Bob, who lives in the house, refuses to leave.

Likely steps and result: the children petition the county probate court to admit the will and appoint the executor. The executor petitions the court for authority to sell the house. Bob may claim homestead or family allowance; the court will address his statutory claims. If the court grants the executor the right to sell, the sale proceeds will be used to pay debts and statutory allowances; remaining proceeds will be distributed per the will. If Bob has a legal ownership interest (titled jointly), the probate court may not have power to force sale and the children may need a partition action in superior court.

Statutes and resources

Helpful Hints

  • Collect documents early: will, death certificate, deed, mortgage statements, tax bills, and title information.
  • Check how the property is titled first. Title often decides your path (probate vs. partition vs. no remedy through probate).
  • Ask the executor to petition the probate court for authority to sell if the house is estate property.
  • Consider negotiation: a buyout of the spouse’s interest or a temporary cash payment for relocation can avoid lengthy litigation.
  • If you must litigate, expect costs: attorney fees, court costs, appraisal fees, and sales expenses reduce net proceeds.
  • Act promptly. Statutory deadlines, creditor claims, and occupancy issues can complicate matters if you delay.
  • Consult a Washington probate or real property attorney to evaluate homestead, family allowances, and any spousal elective rights that could limit the will.

Disclaimer: This article provides general information about Washington law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts; consult a licensed Washington attorney about your situation.

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. See full disclaimer.