This section explains the usual Washington process when co-owners cannot agree and one owner files a partition action to divide or sell jointly owned real property. This is an educational overview only and not legal advice. For the governing statute on partition actions in Washington, see RCW Chapter 7.52: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52.

1. What a partition lawsuit does and who may bring it

A partition action asks a Washington Superior Court to physically divide (partition in kind) or to sell (partition by sale) property owned jointly by two or more people when they cannot agree on division. Any co-owner with a legal or equitable interest in the property can file. The court names all co-owners and sometimes other parties with recorded interests (liens, mortgagees) so everyone with an interest can participate.

2. Typical timeline and steps

1. Pre-filing preparation: Gather deeds, title documents, mortgage and lien records, property tax records, lease agreements, insurance, and any written agreements among owners. Consider a title search or preliminary lien check.
2. Attempt non‑litigation options first: Courts prefer parties try negotiation, buyouts, or mediation before litigation. Mediation can be faster and far less costly.
3. Filing the complaint: The plaintiff files a partition complaint in Superior Court in the county where the property is located. The complaint identifies the property, states each party’s interest, and asks the court to order partition in kind or, if division in kind is impractical, a sale and distribution of proceeds. The complaint must name all persons with an ownership or recorded interest.
4. Service of process: All named parties and known lienholders must be properly served with the complaint and summons so they can defend or assert their rights.
5. Temporary relief (if needed): A party may ask the court for short-term relief to preserve the property (temporary injunction or appointment of a receiver) to stop waste, prevent a sale by a co-owner, or secure rents and income pending resolution.
6. Court appointment of commissioners or referees: If the court orders partition in kind, it will generally appoint disinterested commissioners to appraise the property, attempt a fair physical division, and report back. If physical division is impractical, the court will order the property sold and direct how sale proceeds will be divided after paying liens and costs.
7. Accounting for debts and liens: Prior mortgages, taxes, and valid liens are paid from proceeds or otherwise accounted for. The court’s decree explains how net proceeds or divided property are distributed among owners according to their legal interests.
8. Final decree and distribution: After commissioners’ reports and any hearings, the court issues a final decree that either (a) transfers divided parcels to the owners or (b) orders sale and prescribes distribution of sale proceeds. A sale often occurs by public auction or court-ordered sale procedure. Parties may appeal the decree within the statutory appeal period.

3. Partition in kind versus partition by sale

Washington courts generally favor partition in kind when a fair physical division is practicable and will not substantially impair the value of the property. If physical division would be impractical, inequitable, or would significantly reduce value (for example, a single-family home on a small lot), the court will usually order the property sold and divide proceeds. The court considers the nature of the property, ease of division, and fairness among co-owners.

4. Who pays costs and attorney fees?

The court may order the payment of costs, appraisal expenses, commissioner fees, and sometimes attorney fees, depending on statutes and the equities of the case. If one party’s conduct unnecessarily multiplied litigation or acted in bad faith, the court has discretion to award fees and costs against that party. The partition statute and court rules guide those determinations; consult counsel about likely outcomes in your case.

5. Practical issues to expect

• Mortgage and tax obligations do not disappear because ownership is divided; outstanding mortgages and liens must be addressed before clean title transfer or distribution of net proceeds.
• Co-owners who remain on title to portions of the land may still be responsible for shared obligations unless the court orders otherwise or owners agree.
• Partition litigation can be time-consuming and costly; settlements (buyouts, timed sales) often maximize value for all parties.
• Courts require accurate notice to all parties and lienholders; missing a necessary party can delay the case or later reopen the title.

6. Where to file and procedural rules

File the complaint in the Washington Superior Court in the county where the property is located. Local civil rules and Superior Court procedures control filing, service, hearings, and appointment of commissioners. For the statutory framework, see RCW Chapter 7.52: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52. For specific local filing rules, consult the county Superior Court clerk or the Washington Courts website: https://www.courts.wa.gov/.

7. When to talk to an attorney

Consult an attorney if the property has mortgages, liens, complex title issues, multiple owners in different states, or if you need temporary injunctive relief (to stop a pending sale or preserve rents). An attorney can help with title review, drafting the complaint, obtaining proper service, negotiating buyouts, or guiding you through commissioners’ sales and distribution accounting.

Disclaimer: This article explains general Washington law about partition actions and is for educational purposes only. It is not legal advice. Laws change and every case depends on its facts. Consult a licensed Washington attorney to get advice tailored to your situation.