Detailed Answer: How co-owners start a partition action in Washington
This explains, step-by-step, how co-owners (for example, tenants in common or joint tenants) can ask a Washington court to divide or sell shared real property when they cannot agree. This is an overview for education only and not legal advice; consult a lawyer for guidance about your situation.
1. Confirm ownership and identify all interested parties
Start by gathering the recorded deed(s), title report, mortgage and lien information, and any written agreements among co-owners. A partition action must name every person or entity that has a recorded interest in the property (co-owners, secured lienholders, claimants, and sometimes occupants). If someone with an interest is omitted, the court may not be able to fully resolve the dispute.
2. Try to resolve the dispute outside court first
Courts prefer that parties attempt to settle before filing. Consider negotiation, mediation, or buyout offers. A voluntary buyout or sale avoids court costs and delay and often preserves more value for owners.
3. File a partition action in Superior Court
If settlement fails, a co-owner (or someone authorized) files a civil complaint for partition in the Washington Superior Court for the county where the property is located. The complaint asks the court to divide the property physically (partition in kind) or to order a sale and divide the proceeds. In Washington, partition statutes set the procedures and alternatives a court may use. See the Washington partition chapter: RCW chapter 7.60 (Partition).
4. Serve the complaint on all necessary parties
You must properly serve every named co-owner, lienholder and other interested party using the methods required by Washington civil procedure. A copy of the complaint and a summons must be delivered so the court can obtain jurisdiction over all parties whose rights affect the property.
5. Decide what remedy you want and ask the court
In Washington, the court prefers partition in kind (physically dividing property) but may order a sale if a fair division isn’t practicable or would unfairly prejudice owners. The statute describing the choice between division and sale is at RCW 7.60.020. Your complaint should request the remedy you want and explain why it is appropriate.
6. Court procedures: commissioners, valuation, and possible sale
If the court orders partition, it commonly appoints a commissioner or commissioner panel to examine the property, prepare a report, and propose a division or methods for sale. The court reviews the report, holds hearings if needed, and issues final orders. If a sale is ordered, the court will set terms and direct how sale proceeds are distributed after paying liens, taxes, and costs.
7. Distribution of proceeds, liens and credits
Proceeds from a forced sale pay valid liens and the costs of the partition action first. Remaining funds are distributed to owners according to their ownership interests, subject to court adjustments for improvements, waste, or equitable credits. The partition statutes describe the process the court follows for division and sale; see RCW 7.60 for details.
8. Common timelines and costs
Partition cases vary. Simple partitions can take a few months; contested matters that require valuation disputes, multiple hearings or a sale can take a year or more. Expect court filing fees, costs for service, appraisal fees, commissioner or auction expenses, and attorney fees if you use counsel. The court may allocate some costs between the parties depending on the result.
9. Practical issues and alternatives
Before filing, consider practical alternatives: one co-owner buying out others, selling on the open market by agreement, or entering a limited buy-sell agreement to avoid litigation. Also consider tax consequences of a sale and how rental income or possession during the proceeding will be handled—these are issues where an attorney and tax advisor can help.
Relevant Washington statutes
- RCW 7.60.010 (when partition actions may be brought)
- RCW 7.60.020 (partition in kind preferred; sale when division impracticable)
- RCW chapter 7.60 (full chapter on partition procedure)
When to hire an attorney
Hire a lawyer if parties dispute ownership shares, there are multiple liens or creditors, the property is complex (commercial, agricultural, or requires division of structures), or if the opposing party is contesting valuation and division. An attorney can prepare the complaint, handle required notices and service, advocate at hearings, and protect your financial interests throughout the sale or division.
Helpful Hints
- Collect deeds, title reports and mortgage statements before consulting counsel.
- Attempt mediation or buyout negotiations—court-ordered partitions are often costlier than agreed sales.
- Name all possible claimants (lienholders, tenants, heirs) in the complaint to avoid re-litigation.
- Order an appraisal early to understand realistic division or sale value.
- Be ready for temporary orders: courts can address possession, rent collection, and maintenance during the case.
- Factor in closing costs, commissioner/auction fees, and potential capital gains taxes if a sale occurs.
- Keep records of improvements and expenses; courts may grant credits or adjustments for contributions to the property.
- Ask the court about timelines and the likely method (division or sale) so you can plan financially and logistically.
Disclaimer: This article explains general Washington law on partition actions for educational purposes only. It is not legal advice. Laws change and every situation is different. Consult a licensed Washington attorney to get advice tailored to your facts.