How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners? (WA)

Disclaimer: This article offers general information about Washington law. It is not legal advice.

Detailed Answer

What is a partition action? A partition action is a lawsuit that co-owners file when they cannot agree on how to use, occupy, or divide real property. Under RCW 7.52.010, any person with an ownership interest may petition the superior court to divide or sell the property.

Who can file? Joint tenants, tenants in common, condominium owners, and others with a legal or equitable interest in real property may file. The petition must name all co-owners or claimants, describe the property legally, and state each party’s share or interest.

Types of partition:

• Partition in kind: The court orders a physical division of the property among owners according to their ownership percentages (RCW 7.52.030).
• Partition by sale: The court sells the entire property and divides the net proceeds among owners after paying liens, mortgages, and costs (RCW 7.52.070).

Key steps in the process:

1. File the petition. The petitioner files in the superior court of the county where the property lies. The petition includes a legal description, names of all parties, and each party’s claimed interest.
2. Serve co-owners. The court arranges service of the petition on all co-owners and claimants.
3. Answer or contest. Defendants must respond within the time frame set by court rules (usually 60 days).
4. Appoint commissioners. The court appoints neutral commissioners to inspect the property, value each owner’s share, and recommend whether to divide or sell (RCW 7.52.060).
5. Commissioners’ report. Commissioners file a written report outlining their findings and proposed method of partition.
6. Court order. The judge reviews the report and issues a final order for partition in kind or partition by sale. If sale is ordered, the court oversees marketing, bidding, and sale procedures.
7. Distribute proceeds. After paying mortgages, liens, court costs, and expenses, the court divides the net proceeds among owners according to their shares.

Costs and timelines: Partition actions incur filing fees, commissioner fees, appraisal costs, and sale expenses. The entire process can last from several months to over a year, depending on property complexity and court calendar.

Helpful Hints

• Review your ownership documents and any co-ownership agreement before filing.
• Consider mediation or negotiation to resolve disputes without litigation.
• Gather deeds, mortgage records, tax bills, and improvement receipts to clarify each owner’s contributions.
• Remember that a partition order is final; appeal deadlines are short and strict.
• Consult a qualified attorney for guidance on court procedures, local rules, and strategic decisions.