Partition actions under Washington law: how the court divides or sells property when co-owners disagree

Disclaimer: This information is educational only and is not legal advice. For advice about your situation, consult a licensed Washington attorney.

What is a partition action?

A partition action is a court case that lets co-owners of real estate force a division of the property or a sale when they cannot agree. Washington law provides a statutory process for a co-owner to ask the superior court to divide the land into separate parcels (partition in kind) or order a sale and divide the proceeds (partition by sale). See the Washington partition statutes at RCW chapter 7.60 for the controlling rules.

Who can file and where do you file?

Any person who holds legal title or an interest in real property — for example a tenant in common or a joint tenant — may file a partition action. The complaint is filed in the Superior Court in the county where the property is located. The basic filing rule is stated in the partition statute: see RCW 7.60.010.

Step-by-step: How to start a partition action in Washington

Confirm ownership and interests. Get the deed(s), title report or title insurance policy, and any recorded liens. Identify all people and entities with an ownership interest or recorded liens (mortgage lenders, judgment creditors, heirs with recorded interests).
Try to resolve the dispute first. Courts expect you to attempt negotiation, mediation, or a buyout. A negotiated outcome is usually faster and cheaper than a court case.
Prepare the complaint (petition) for partition. The complaint should identify the property (legal description), state each party’s claimed interest, explain why the property should be divided or sold, and ask the court for relief (partition in kind or partition by sale). Include a request that the court appoint a commissioner or referee if necessary to carry out the division or sale.
File in Superior Court. File the complaint in the county where the property sits. Pay the filing fee or ask for waiver if eligible.
Serve all interested parties and lienholders. Legally serve the complaint and summons on every owner, all recorded lienholders, and any other interested parties. If owners are unknown or cannot be located, the court may allow service by publication or other forms of notice the court approves.
Ask for partition in kind or sale. In your complaint you can ask first for partition in kind (dividing the land into separate parcels). If the court finds dividing the land is impractical or inequitable, it may order sale instead. The statutory framework for the court’s powers is in RCW 7.60.040.
Evidence and valuation. Expect the court to require appraisals and possibly a survey. The court or the parties may hire a commissioner to oversee division, sale, or a public auction. Appraisals establish fair market value and guide any division or sale price.
Commissioner or referee carries out the order. If the court orders partition in kind, a commissioner typically prepares a map and supervises the physical division. If the court orders sale, the commissioner or sheriff handles sale procedures and remits proceeds to the court for distribution. The court will enter final orders and direct distribution of proceeds after paying valid liens, costs, and any credited contributions.

How the court decides between dividing and selling

The court prefers a division in kind when it is practical and fair. But if division would materially impair the value (for example, a single-family home on one lot where splitting would leave parcels unusable) the court often orders a sale and divides the net proceeds. The court will consider practicality, fairness among owners, and the property’s character and use.

Money issues: costs, liens, and accounting

The court will pay valid recorded liens (mortgages, judgments) from sale proceeds before distributing the remainder to owners.
Owners may seek credit or reimbursement for contributions they made (e.g., mortgage payments, taxes, improvements). The court performs an accounting and may adjust distributions to reflect contributions and expenses.
Filing fees, appraisal fees, survey costs, commissioner’s fees, and attorneys’ fees (if requested and allowed) usually come out of the sale proceeds or are allocated by the court. Ask your lawyer whether fees may be awarded under the circumstances.

Typical timeline and costs

Timelines vary: simple partitions can take several months; contested cases or those requiring sale at auction often take a year or longer. Costs also vary depending on appraisals, surveys, attorney involvement, and whether the case requires a public sale. Expect appraisal and survey fees plus court costs; attorney fees vary with complexity.

Practical alternatives to filing

Buyout: negotiate a price for one owner to purchase the other owner’s share.
Agree to list and sell the property voluntarily and split proceeds per ownership shares.
Mediation or arbitration to reach an agreement without the cost of litigation.

What to bring to a meeting with a Washington real estate attorney

Deed(s) and title documents.
Mortgage statements and lien documents.
Property tax bills and insurance records.
Any lease agreements, rent records, or evidence of occupancy.
Receipts for improvements, repairs, or payments made on behalf of the property.
Copies of communications with co-owners about the dispute.

Short hypothetical example

Two siblings inherit a single-family home as tenants in common. They disagree about keeping or selling the house. One sibling files a partition action in the county Superior Court where the house sits. The plaintiff names the other sibling and a mortgage holder as defendants, requests a partition in kind, and says division is impractical. The court orders appraisals and later finds a sale is appropriate. After a court-ordered sale, the mortgage is paid from proceeds, costs and appraisal fees are deducted, and the remaining balance is split according to each sibling’s ownership share after accounting for any credits for mortgage payments or improvements.

Where to read the law

Washington’s partition statutes are at RCW chapter 7.60. A specific starting point is the provision on who may petition for partition: RCW 7.60.010, and a statute describing the court’s power to divide or order sale: RCW 7.60.040.

Helpful Hints

Start by collecting all title and lien documents—this reduces surprises and helps your lawyer evaluate options faster.
Attempt negotiation or mediation first. Courts and appraisals cost time and money; a negotiated buyout or sale often preserves more value.
If you want the property kept, be prepared to demonstrate how you will finance ongoing costs (mortgage, taxes, insurance) and how you will compensate other owners or account for past contributions.
Expect the court to require appraisals and possibly a survey—budget for those costs early.
Name all possible claimants and lienholders in your complaint. Missing parties can delay the case and complicate relief.
Ask about alternatives to public auction, such as a court-ordered private sale or right of first refusal among co-owners, if you want to avoid an auction sale price.
Consult a local Washington attorney experienced in real estate litigation before filing. They can draft the complaint correctly, advise about likely outcomes, and protect your financial interests.

If you want, tell me the basic facts (type of ownership, number of co-owners, whether there’s a mortgage or leases) and I can outline the likely next steps and documents you’ll need for a partition filing in Washington.