Short answer

If you and other people own real property together (for example, as tenants in common or heirs holding undivided interests), one co-owner may ask a Washington superior court to partition the property. The court can order the property physically divided (partition in kind) or sold and the proceeds divided (partition by sale). The governing statute is Washington’s partition law, RCW chapter 7.60: https://apps.leg.wa.gov/rcw/default.aspx?cite=7.60.010. If the house is still in your late father’s name alone, you may first need to open probate or otherwise clear title before a partition action can proceed.

Detailed answer — step-by-step guide under Washington law

1. Figure out who legally owns the house

Start with a title check. Ownership might be:

• Joint tenants with right of survivorship — the survivor(s) take ownership automatically and there is usually no partition needed.
• Tenants in common — each owner has a divisible interest and any co-owner can seek partition under RCW chapter 7.60: https://apps.leg.wa.gov/rcw/default.aspx?cite=7.60.010.
• Title solely in the decedent’s name — the property belongs to the decedent’s estate until probate (or an alternative transfer) transfers title to heirs or devisees.

2. If title is in the decedent’s name, handle probate or transfer first

If the house remains in your father’s name, a personal representative (executor/administrator) must usually be appointed and probate opened so title can be transferred to heirs or beneficiaries. Without a clear title in the hands of co-owners, a partition action may be premature. If you believe probate is required, contact the superior court clerk in the county where the decedent lived or where the property sits for local procedures and forms, or consult a probate attorney.

3. Attempt negotiation before filing

Courts favor parties trying to agree. Try these before suing:

• Ask co-owners whether someone will buy out the other interests.
• Consider selling the property by agreement with a realtor and splitting the proceeds.
• Try mediation to avoid litigation costs and delay.

4. Prepare and file a partition complaint in superior court

If negotiation fails, file a partition action in the Washington Superior Court for the county where the property is located. Key steps and elements:

• Jurisdiction: file in superior court sitting in the county where the land lies.
• Parties: name all persons who have any recorded interest in the property — co-owners, lienholders, mortgagees, judgment creditors with recorded liens, and any heirs or beneficiaries with potential claims. The court requires joinder of all necessary parties so the title can be cleared and the proceeds distributed.
• Complaint content: describe the property (legal description), state each party’s claimed interest and percentage (if known), and ask the court to partition the property or order a sale if partition in kind is impractical.
• Filing fee and forms: check the local superior court fee schedule for filing fees. Some counties provide local checklists or sample forms.

5. Service of process and discovery

After filing, you must serve the complaint and summons on every defendant (all co-owners and lienholders) following Washington service rules. Parties can then exchange information (title documents, mortgage amounts, taxes, appraisal reports) in pretrial discovery.

6. The court’s possible procedures and outcomes

Under Washington law (RCW chapter 7.60), the court has options:

• Partition in kind: physically divide the land among owners—infrequent for single-family homes because dividing a house lot is often impractical.
• Partition by sale: appoint commissioners or a referee to sell the property and distribute the proceeds according to the parties’ shares after paying liens, costs, and reasonable fees.
• Appointment of commissioners: the court typically appoints disinterested commissioners to make a report and recommendation (value, whether partition in kind is practical, or sale procedures). The court will confirm or modify that report.
• Accounting and distribution: after sale, the court orders payment of mortgage and lien obligations, sale costs, and divides the remainder among owners according to their legal interests.

7. Timeline and costs

Timeline depends on complexity and whether parties contest issues. An uncontested partition can finish in several months; contested matters and title issues can take a year or more. Costs include filing fees, service fees, attorney fees (if you hire counsel), appraisal and commissioner fees, and costs of sale (real estate commissions if sold on the open market). Washington courts can order the losing party to pay some costs, but attorney fees are not automatically awarded unless a statute or agreement allows it.

8. Practical considerations and special situations

• If a surviving spouse or minor children exist, community or homestead rights may affect partition — seek advice promptly.
• If there are mortgages or tax liens, those are paid from sale proceeds in order of priority.
• If one co-owner is in possession and refuses access, the court can grant relief to protect the property (e.g., appoint a receiver to collect rent or maintain insurance).

Relevant statute

Washington’s partition statute: RCW chapter 7.60. See the statutory text and specific sections at: https://apps.leg.wa.gov/rcw/default.aspx?cite=7.60.010 and the chapter overview at https://apps.leg.wa.gov/rcw/title7/7.60/.

Hypothetical example

Hypothetical facts: Your father died owning the house in his name only. He left two adult children as heirs. The personal representative opened probate and transferred the property to the two children as tenants in common (50/50). One sibling wants to keep the house; the other wants out. After failed buyout negotiations, the sibling who wants out files a partition action in the superior court where the property sits, names the other sibling and the mortgage lender as defendants, asks for partition by sale, and requests appointment of commissioners. The court authorizes sale, appoints commissioners, the house sells, liens and sale costs are paid, and remaining proceeds get split 50/50. This is a common outcome for family homes that cannot be physically divided.

Helpful hints

• Do a title search first. Confirm recorded deeds, liens, easements, and any survivorship language.
• Collect these documents before you file: deed, death certificate, mortgage statements, tax bills, insurance policies, and any wills or probate paperwork.
• Talk to the county superior court clerk about local filing requirements and fee waivers if you have limited income.
• Try mediation or a buyout first — partition litigation costs can erode the sale proceeds substantially.
• Get an appraisal early so everyone has a realistic market value estimate.
• If probate is needed, resolve the estate administration before or concurrently with a partition claim in order to clear title.
• Consider hiring a real estate lawyer experienced in partition and probate in Washington. An attorney can handle required joinder of parties and title complications.
• Keep records of all communications, offers, and expenses related to the property; the court will want clear accounting.