FAQ — Partition and sale of family land under Washington law
This FAQ explains how co-owners of a family parcel in Washington can proceed when they cannot agree on continued joint ownership. It describes the legal tools, typical court steps, likely outcomes, and practical tips for siblings and next‑generation owners who want the land divided or sold. This is educational only and not legal advice.
Detailed answer — how the process works and what to expect
Short answer
If you and the other owners cannot agree, one or more co‑owners can ask the Washington Superior Court to order a partition. The court can divide the land between owners (partition in kind), allot parcels to owners with adjustments, or order a sale and divide the proceeds according to each owner’s share. The statutory framework for partition actions is in chapter 7.60 of the Washington Revised Code. For the statute text, see: RCW chapter 7.60 — Partition.
Who can start a partition action?
Any person who owns an undivided interest in real property may bring a partition action in the county where the property is located. That includes co‑owners who hold title as tenants in common or joint tenants. If an owner is deceased, the court may need to include heirs or personal representatives in the action.
Key steps in a partition case
- Attempt negotiation and document offers. Courts favor attempts to resolve disputes without litigation, so first try discussion, written buy‑out offers, or mediation.
- Gather title documents. Collect deeds, title reports, surveys, mortgages, liens, and any wills or trust documents that affect ownership.
- File a complaint for partition. The filing party (plaintiff) names all co‑owners and any parties with recorded interests. The court serves notice and sets deadlines for responses.
- Preliminary matters and appraisal. The court may order an appraisal or appoint experts to determine fair market value and whether the land can be physically divided.
- Commissioner or trial. Many courts appoint a commissioner or referee to handle technical matters (surveys, sale procedures). If owners contest factual issues, the matter can go to trial.
- Outcome: partition in kind, allotment, or sale. The court may:
- Order partition in kind — physically divide the parcel into separate lots.
- Allot portions to particular owners, with monetary adjustments so shares match ownership percentages.
- Order sale — public auction or private sale under court supervision — and distribute net proceeds according to ownership shares.
How proceeds and costs are allocated
After a sale, the court applies sale costs, outstanding liens, mortgage payoffs, and court costs against the proceeds. Net proceeds are distributed by ownership share. The court can allocate certain costs (commissioner fees, appraisal fees, attorney fees) among the parties based on fair equities and statutory guidance.
How ownership form affects options
Tenants in common: Each owner has an undivided fractional interest and may bring a partition action.
Joint tenants (with right of survivorship): Joint tenants can typically bring a partition action while all are alive. However, the survivorship feature affects what happens if an owner dies before a final division — the survivor’s interest may change ownership by operation of law.
When courts prefer sale over division
Court-ordered sale normally occurs when: the property cannot be equitably divided without prejudice to owners, physical division would significantly reduce value, or division would be impractical (e.g., single-family house on one lot). The court considers fairness and the property’s characteristics.
Special situations
Heirs and minors: The court must protect minors and unknown heirs. The court may require representation or appointment of a guardian ad litem.
Mortgages and liens: Liens generally remain attached to the property and are paid from sale proceeds or allocated to the awarded parcel.
Trusts, probate, or deed restrictions: Title held in trust or affected by probate may require coordination with the trustee or personal representative before final division or sale.
Typical timeline and costs
Simple negotiated buyouts: weeks–months. Contested partition actions: several months to over a year depending on complexity, appraisal, discovery, and court schedules. Costs include filing fees, title and survey fees, appraisals, commissioner fees, court costs, and attorney fees if you hire counsel.
Where to find the law
Washington’s partition statutes are in chapter 7.60 of the Revised Code of Washington. Read the statutory chapter here: https://app.leg.wa.gov/rcw/default.aspx?cite=7.60. For local court forms and procedural details, check the Superior Court in the county where the land lies.
Disclaimer: This page provides general information only and is not legal advice. Laws change and each situation is unique. Consult a licensed Washington attorney to get advice tailored to your facts.
Helpful Hints — practical steps and negotiation tips
- Start with a clear title check. Order a title report to see all owners, liens, and encumbrances before any negotiation.
- Communicate in writing. Document offers and refusals; written records help if you later file a court action.
- Offer a buyout first. A cash buyout or an offer to buy other owners’ shares often resolves disputes faster and at lower cost than court.
- Use mediation early. A neutral mediator can help preserve family relationships and avoid expensive litigation.
- Get a professional appraisal and survey. Accurate value and boundary information drive fair division or sale terms.
- Consider phased solutions. Split ownership by use (e.g., sell timber rights, lease pasture) to generate cash while you negotiate a permanent solution.
- Budget for court costs and delays. If litigation becomes necessary, expect extra expense; weigh that against a compromise offer.
- If some owners are unreachable or deceased, identify heirs and file appropriate notices. The court requires proper service on all interested parties.
- Check tax and estate consequences. A court-ordered sale affects capital gains and inheritance issues. Talk with an accountant or tax lawyer if needed.
- Hire a local real estate attorney for contested matters. An attorney experienced in Washington partition law can explain strategy and represent you in court.