Can a co-owner force the sale of a jointly owned house in Washington?

Short answer: Yes. Under Washington law, if co-owners cannot agree, one owner can ask the superior court to partition the property. The court can divide the land (partition in kind) or order a sale and divide the proceeds. See the Washington partition statutes: RCW Chapter 7.60.

Detailed answer — how partition works in Washington

When two or more people own real property together and they cannot agree about use or disposition, Washington law provides a remedy called a partition action. A partition action asks the superior court in the county where the property lies to either physically divide the property among co-owners or to sell the property and distribute the sale proceeds. The statute that governs these actions is RCW Chapter 7.60 (RCW 7.60).

Who may file?

Any person with a legal or equitable interest in the property may file for partition. That commonly includes tenants in common and, usually, joint tenants (though joint tenancy has survivorship quirks). The person filing becomes a plaintiff and must name all other owners as defendants so the court can resolve everyone’s rights.

What outcomes can the court order?

Partition in kind: The court physically divides the land into separate portions so each owner receives a piece consistent with their ownership share. This works best where the property can be divided without destroying value.
Partition by sale: If dividing the property fairly is impractical or would cause undue prejudice, the court can order the property sold (often at public auction or via a court-appointed sale process) and distribute proceeds among co-owners according to their shares.

What factors influence whether the court orders a sale?

The judge will consider practical and equitable factors: whether the property can be divided without large value loss, physical characteristics, whether one owner will be unfairly burdened by an in-kind division, liens and mortgages, and other equitable concerns. Courts often prefer in-kind divisions when feasible, but sale is common for homes or improvements where physical division would be impractical.

How the money gets split

Proceeds from sale are distributed after payment of liens, mortgages, taxes, sale costs, court costs, and sometimes costs of occupying or maintaining the property (rents, repairs). The court can make equitable adjustments for disproportionate contributions (for example, if one owner paid most mortgage payments, taxes, or made major improvements). The partition statute and Washington courts permit accounting and adjustments to reflect these contributions (RCW Ch. 7.60).

How to start a partition action in Washington

Gather documents: deed, title report, mortgage statements, tax bills, HOA rules, receipts for repairs or improvements, rental agreements (if any).
Try negotiation or mediation first. Courts often expect parties to attempt settlement before litigation. Mediation can produce quicker, cheaper buyouts.
If negotiation fails, file a complaint for partition in the superior court of the county where the property sits. The complaint identifies all owners and asks the court to partition or order sale.
Serve the other owners and any lienholders. Liens and mortgage holders get notice because their interests affect how proceeds are distributed.
The court may appoint a commissioner, appraiser, or trustee to value or sell the property, supervise division, or oversee the sale process.
Attend hearings. The judge will decide whether to divide or sell and will handle accounting and distribution issues.

Typical timeline and costs

Time and cost vary. Simple partitions with agreement can resolve in a few months. Contested cases with valuation disputes, lien fights, or appeals may take a year or longer. Expect court filing fees, service fees, costs for appraisals or a real estate broker, possible commissioner fees, and attorney fees if you hire counsel. Net proceeds are reduced by these costs.

Alternatives to a court-ordered sale

One co-owner buys out the others at an agreed price.
Sell the property on the open market by mutual agreement and split proceeds.
Mediation or arbitration to reach a settlement that avoids court.
Enter a written co-ownership agreement to govern future decisions (useful going forward but only helpful if parties agree).

Practical tips — how to prepare before filing

Get a current title report and a clear list of liens and mortgages.
Document financial contributions: who paid the mortgage, taxes, insurance, repairs, or improvements.
Document occupancy and rental income: who lived in the house and who collected rent.
Get a market appraisal or broker opinion of value so you know realistic sale numbers.
Consider mediation early—courts often view parties more favorably who try to settle first.
Talk with a Washington real estate attorney about likely outcomes and to learn how contribution claims would be raised and proved.

When to consult an attorney

Consult a lawyer if the co-owners dispute ownership shares, if liens or mortgages complicate distribution, if someone alleges unequal contributions, or if the other owners resist reasonable settlement offers. An attorney can prepare the complaint, handle service, represent you at hearings, and propose equitable accounting for payments and improvements.

Where to read the law: The statutes that govern partition actions are in Washington’s Revised Code, Chapter 7.60: RCW Chapter 7.60.

Helpful Hints

Try to resolve ownership and value issues outside court — mediation often saves money and time.
Compile all documents that show payment history and improvements before initiating a lawsuit.
Expect the court to consider equitable adjustments; keep records that support your claims for added value or payments you made.
Understand that a court-ordered sale usually reduces net proceeds due to legal and sale costs.
Get a professional appraisal early so you have a realistic baseline for negotiations or courtroom valuation.
If you are served with a partition complaint, respond promptly — failing to defend can result in decisions made without your input.
Ask about temporary orders: you can seek court orders for possession, rents, or maintenance responsibility while the case is pending.