Partition Actions in Washington: Forcing a Sale or Seeking a Buyout of an Inherited Home

This article explains how to pursue a partition action in Washington state when co-owners of real property cannot agree on keeping or selling a home. It covers who may file, where to file, key steps in the court process, what a buyout looks like, how proceeds get divided, and practical tips to prepare. This information is educational only and is not legal advice.

Quick hypothetical to illustrate

Hypothetical: Two siblings own a house as tenants in common after inheriting it from their parents. One sibling lives in the house and wants to keep it. The other sibling wants the house sold or wants to be bought out for their share. A partition action is the usual court procedure to resolve that dispute.

1. Legal basis under Washington law

Washington governs partition of real property under the Partition Code, RCW chapter 7.60. That chapter authorizes courts to divide property among co-owners or order a sale and to adjust shares and costs. See RCW 7.60 (entire chapter): https://app.leg.wa.gov/rcw/default.aspx?cite=7.60.

2. Who can file and where

• Any person with an ownership interest (title) in the property may file a partition action. That includes tenants in common, joint tenants (special rules may apply), and other co-owners.
• File in the Washington Superior Court for the county where the real property is located. Superior court handles real property and partition disputes.
• All persons with recorded interests or liens generally must be named or served so the court can bind everyone with its order. That includes mortgage holders, judgment lienholders, and others with recorded encumbrances.

3. Typical step-by-step process

1. Gather title and financial documents: deed, title report or county assessor info, mortgage statements, tax bills, homeowners insurance, and any documents showing contributions to improvements or payments. These items help prove each party’s interest and show encumbrances.
2. Demand for partition (optional pre-filing): sometimes parties send a written demand asking for partition or buyout. Washington law does not always require a pre-suit demand, but a demand can prompt settlement and show good faith.
3. File the complaint: the plaintiff files a Complaint (or Petition) for Partition in Superior Court. The complaint states the names of co-owners, describes the property, alleges each owner’s interest, and asks the court to partition the property or order a sale.
4. Service on all parties: the plaintiff must serve the complaint and summons on all co-owners and on lienholders per civil procedure rules. If parties cannot be found, the court allows substitute or published notice in some cases.
5. Responses and joinder: defendants may answer, assert claims (for example, asking credit for payments they made toward the mortgage or improvements), or ask the court to appoint receivers or impose temporary restraints.
6. Commissioners and report: Washington courts often appoint commissioners (neutral appraisers or commissioners of partition) to examine the property, value it, and recommend whether the property can be physically divided (partition in kind) or must be sold. The commissioners file a written report for the court.
7. Decision: partition in kind vs. sale: if the court finds a fair, practical division of the real property is possible, it may divide the land and assign portions to owners in proportion to ownership. If division is impracticable or would greatly diminish value, the court orders the property sold and directs how to sell it.
8. Sale or allotment: when the court orders sale, it sets sale terms (often a public auction or court-ordered sale through a realtor) and directs how sale funds will be applied (mortgages and liens paid first, then costs, then owners by share). If the court allows one co-owner to keep the property, the court typically sets a buyout price (often after appraisal) and a timeframe for payment.
9. Accounting and distribution: after sale or buyout, the court supervises an accounting and distributes net proceeds according to ownership shares after legal costs and liens.

4. How a buyout works

• A buyout means the co-owner who wants to keep the property pays the other owners the fair value of their shares. The court can order an allotment to one owner on terms it sets, including requiring payment in cash or secured by note.
• The court will use appraisals or the commissioners’ valuation to determine fair market value. The buying owner may need to post security or a bond if payment is delayed.
• If the owner seeking to keep the house cannot afford the buyout, the court may order sale instead.

5. Mortgages, liens, and occupants

• A mortgage or deed of trust remains attached to the property. Sale proceeds first pay secured creditors. A co-owner cannot eliminate a mortgage simply by winning a partition; the lender’s interest must be satisfied or assumed.
• If one co-owner occupies the home, the court can address occupancy costs, rent-equivalents, and contributions to mortgage, taxes, and maintenance in the accounting. Those credits can affect each owner’s net share.
• Homestead protection may affect creditor actions but generally does not prevent a partition between co-owners. See Washington’s homestead statute: RCW 6.13.010: https://app.leg.wa.gov/rcw/default.aspx?cite=6.13.010.

6. Timing and costs

Partition actions vary widely in duration. Uncontested matters can resolve in a few months; contested, complex cases with appraisals and appeals can take a year or more. Costs include filing fees, commissioner and appraiser fees, attorney fees if you hire counsel, and court costs. County filing fees and schedules vary — check the local superior court fee schedule.

7. What evidence matters most

• Clear proof of ownership (deeds and title report).
• Documentation of mortgages, liens, and tax obligations.
• Records of payments made by any co-owner toward mortgage, taxes, insurance, or improvements (these can affect equitable credits).
• Independent appraisals or evidence about fair market value.

8. Practical settlement options to avoid court

• Negotiate a private buyout with written terms (price, payment schedule, security).
• Sell the property on the open market and split proceeds per agreement.
• Mediation: a neutral mediator can help the owners reach a buyout or sale agreement without full litigation.

9. When to consider hiring an attorney

• If ownership is disputed, complex (trusts, probate, or disputed deeds), or there are competing lienholders.
• If you need help valuing the property, negotiating a buyout, defending occupancy rights, or handling an anticipated contested proceeding.
• To ensure pleadings, service, and court timelines follow the rules and to improve chances of a favorable accounting of credits and costs.

Helpful resources

• Washington Partition Statutes: RCW Chapter 7.60 — https://app.leg.wa.gov/rcw/default.aspx?cite=7.60
• Washington Homestead Statute (for creditor/occupant issues): RCW 6.13.010 — https://app.leg.wa.gov/rcw/default.aspx?cite=6.13.010
• Local Superior Court websites for filing procedures and fee schedules (search by county at Washington Courts: https://www.courts.wa.gov/court_dir/)

Helpful Hints

• Start by pulling the recorded deed and a current title report at the county recorder’s office; know who is on title.
• Collect mortgage statements, property tax records, insurance bills, and receipts for improvements before filing—these documents support credits and claims.
• Consider a written demand for partition and an offer to buy out before filing; sometimes negotiation keeps costs down.
• Get a current appraisal early if you hope to negotiate a buyout; objective value helps settle price disputes.
• If one owner lives in the house, ask the court (or negotiate) to account for fair rent or occupancy credits before sale or buyout.
• Expect the buyer or mortgage lender to insist on clearing liens; a buyout may require paying or refinancing existing mortgage debt.
• Check county superior court forms and fee schedules before filing so you can budget for filing and reporter/commissioner costs.
• Use mediation if emotional family conflicts make negotiation difficult—mediators often reduce time and cost compared to litigation.

Disclaimer: This article explains general Washington law and common procedures related to partition actions. It does not constitute legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Washington attorney.