Detailed Answer

If you still co-own real property with your former spouse in Washington, you have several practical and legal paths to end the co-ownership. The most direct legal remedy is a partition action in superior court under Washington’s partition statutes. You can also negotiate a buyout, use mediation, or pursue other civil claims depending on the facts. This section explains how partition works, what the court can order, and what steps to take next.

How partition works (court-ordered division or sale)

Washington law allows any co-owner of real property to file a partition action to divide the land or force its sale. See the Partition chapter of the Washington Revised Code (RCW 7.60): RCW chapter 7.60. Key points:

• Either a physical division (partition in kind) or a sale can result. The court prefers a division when it is practical and fair; if a fair physical division is not feasible, the court can order a sale and divide proceeds.
• The court may appoint commissioners or referees to determine how to divide the property or to conduct a sale, and to report back to the court.
• Liens, mortgages, taxes, and court costs are paid from sale proceeds before net distribution. The court will allocate net proceeds among co-owners according to their ownership interests, subject to any legal claims for reimbursement (for example, if one party paid the mortgage or taxes).
• To start a partition action, you file a complaint for partition in the superior court in the county where the property is located, naming all record owners and persons with recorded interests.

When a court will order a sale instead of dividing the land

The court orders a sale when dividing the land would be impractical or would materially decrease value (for example, a single-family home on one lot that cannot be split economically). The sale can be by public auction or by private sale under court supervision. The rules and details are in RCW chapter 7.60: https://app.leg.wa.gov/rcw/default.aspx?cite=7.60.

Alternative or complementary options

• Buyout negotiation: One co-owner can offer to buy the other’s interest based on an agreed valuation or appraisal. This avoids litigation costs and can be faster.
• Mediation or settlement: Many courts encourage mediation. Parties can resolve ownership, sale timing, and distribution without a judge.
• Partition by agreement: If both owners agree, they can sign a written agreement dividing ownership, ordering a sale, or outlining a buyout and then file that agreement with the court or transfer title accordingly.
• Quiet-title or declaratory judgment: If title disputes or adverse claims exist (e.g., mortgage vs. equitable lien arguments), additional claims might be necessary along with or instead of partition.

Practical steps to take now

1. Check the deed and title paperwork to determine whether you hold title as tenants in common or joint tenants. The form of title can affect rights and proceeds—get a certified copy of the deed from the county recorder.
2. Gather documentation: recent mortgage statements, property tax bills, insurance, proof of payments (mortgage, taxes, utilities), and any written agreements from the divorce or otherwise.
3. Get a market appraisal or broker price opinion if you think sale value will be disputed. This helps with buyout negotiations and court valuation.
4. Try negotiation or mediation before filing. Courts often require or encourage mediation, and settlement saves time and expense.
5. If you cannot agree, prepare to file a partition complaint in the county superior court where the property sits. The court will notify other owners and interested parties, and the litigation process begins.

What to expect in court

Expect the process to take several months or longer depending on complexity. The court will consider ownership shares, liens, mortgage obligations, payments made by each party, and whether a physical division is practical. The judge may:

• Order physical division and transfer of specific portions to different owners (rare for single residential lots).
• Order a public or judicially supervised sale if division is impractical.
• Allocate sale costs, commissions, and outstanding liens before distributing net proceeds.

Costs, timing, and likely outcomes

• Costs include filing fees, attorney fees (if you hire counsel), appraisal fees, commissioner or referee fees, and sale commissions. These typically come out of sale proceeds.
• Timeline: simple agreed sales or buyouts: weeks to a few months. Contested partition litigation: often many months to over a year.
• Outcome: either a division (rare for single-family residential lots) or sale with proceeds divided. Courts aim to be equitable and to protect lienholders and creditors first.

Helpful Washington statutes and resources

• Partition statutes, RCW chapter 7.60: https://app.leg.wa.gov/rcw/default.aspx?cite=7.60.
• Dissolution and property division generally (for background on how property may have been treated in divorce): RCW chapter 26.09: https://app.leg.wa.gov/rcw/default.aspx?cite=26.09.
• Washington Courts self-help resources (forms and local court information): https://www.courts.wa.gov/selfhelp/.
• Washington State Bar Association (to find a local attorney): https://www.wsba.org.

Helpful Hints

• Start by reviewing the deed to confirm ownership type and check recorded liens at the county recorder’s office.
• Collect proof of who paid mortgage, taxes, insurance, and maintenance—these records affect reimbursement claims and equitable allocations.
• Consider a neutral appraisal to support a fair buyout or to present to the court if valuation will be contested.
• Explore mediation early. A mediated buyout or sale plan often resolves matters faster and reduces fees.
• If your ex is occupying the home, consider temporary orders (filed with your partition or related case) addressing use, possession, or payment of expenses; a judge can make short-term orders during litigation.
• Be realistic about costs: litigation can consume a substantial portion of small equity; sometimes negotiating a modest buyout is the most economical choice.
• Ask the court or your attorney how mortgage liabilities will be handled—a partition sale does not eliminate mortgage obligations until the lender is paid or loan is refinanced or paid off.
• If you have concerns about safety, harassment, or eviction, contact local law enforcement or a domestic violence resource for immediate assistance before pursuing property remedies.

Next practical steps: review title and mortgage documents, get a valuation, try to negotiate or mediate, and if that fails, consult a real property attorney about filing a partition action in the superior court where the property sits.

Disclaimer: This article provides general information about Washington law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Washington attorney.