Disclaimer: This article is educational only and is not legal advice. Laws change. Consult a licensed Washington attorney about your specific situation before filing court papers.
Detailed Answer
What is a partition action under Washington law?
A partition action asks a Washington superior court to divide real property owned by two or more people when the owners cannot agree on what to do. Washington law gives any co-owner the right to sue for partition. See RCW 7.60.010 for the statutory right to maintain a partition action: RCW 7.60.010. The statutory chapter on partition is available here: RCW Chapter 7.60 (Partition of Lands).
Is a partition lawsuit the right move?
- Partition is appropriate when co-owners (often tenants in common) cannot agree on possession, sale, or use of the inherited land.
- Court-ordered partition can either divide the land physically (partition in kind) or require a sale and divide the proceeds (partition by sale) when physical division is impractical.
- Courts generally prefer physical division if it is fair and feasible; if division would damage the property’s value or is impractical, the court may order a sale.
How to start a partition lawsuit in Washington — step by step
- Confirm ownership and who must be joined: Gather deeds, the decedent’s will, probate documents (if any), and the county assessor’s information. Identify every person with a recorded ownership interest (tenants in common, heirs, mortgage holders, lien claimants).
- Try negotiation and mediation first: Send a written demand proposing options (buyout, physical division, sale, or mediation). Courts appreciate evidence that you attempted to resolve the dispute without litigation. Mediation can be faster and cheaper than court.
- Hire a Washington real property attorney (recommended): Partition actions involve title questions, surveys, valuation, and complex pleadings. An attorney can prepare the complaint, arrange service on all parties, and represent you at hearings.
- Prepare and file the complaint for partition in the superior court in the county where the property lies:
- The complaint typically states: the names of all owners and lienholders, the legal description of the property, the plaintiff’s share, and a request for partition (division in kind or sale if division is impracticable).
- Attach copies of deeds or other title documents if available.
- Service and response: After filing, you must properly serve the complaint and summons on every co-owner and any lienholder. Defendants usually have a fixed time to answer (follow Superior Court civil rules and local court rules).
- Pretrial procedures: If parties contest, the court may order discovery (title searches, appraisals, surveys) and may set the case for trial or refer the matter to a commissioner or referee to prepare a partition plan.
- Court decision — partition in kind or sale:
- If the court orders partition in kind, it will direct how to divide the land and may appoint commissioners or a surveyor to prepare the division.
- If the court orders a sale, it will authorize procedures to sell the property (often at public auction or court-supervised sale) and then distribute the net proceeds according to each owner’s interest and lien priorities.
- Costs, liens, and distribution: The court will allocate costs of the action, any necessary improvements, and payment of liens (mortgages, tax liens) before distributing proceeds. The court’s order will specify how proceeds are divided among owners.
Practical documents and evidence to gather before filing
- Recorded deeds and the chain of title
- Probate or estate documents showing heirs or transfers
- Mortgage statements and lien records
- Property tax records and assessor’s parcel number (APN)
- Survey maps, if available
- Communications showing attempts to negotiate or mediate
Timing and costs
Timing varies. An uncontested partition can resolve faster; a contested partition with surveys, appraisals, and litigation can take many months or over a year. Costs include filing fees, service fees, attorney fees, survey and appraisal expenses, and possibly sale costs. Courts may award costs or fees in limited circumstances, but you should plan for litigation expenses.
Common complications
- Undisclosed heirs or lienholders who appear late in the case
- Title defects and boundary disputes requiring quiet title actions
- One co-owner living on the property and claiming adverse possession (rare in inherited land without adverse use)
- Concurrent bankruptcy by a co-owner can delay or change court options
Where the law says this comes from
Washington’s partition statutes are in RCW Chapter 7.60. Start with the right to maintain a partition action: RCW 7.60.010, and review the chapter for procedures and commissioner/sale rules: RCW Chapter 7.60. Your county’s superior court local rules and the Washington State Court Rules govern filing, service, and civil procedure.
Helpful Hints
- Attempt a written settlement offer and mediation before filing. Judges and courts favor parties who tried to resolve disputes outside litigation.
- Get a title report early. It reveals other owners and liens you must include in the complaint.
- Obtain an accurate survey and market appraisal to help the court determine whether physical division is feasible and to value each share.
- If you want to keep the land, be prepared to offer a cash buyout equal to other owners’ shares (plus costs and liens) or negotiate a purchase plan.
- Keep copies of all communications and offers; they help document good-faith settlement efforts and can affect cost allocations in court.
- Ask about alternative dispute resolution early—mediation often saves expense and preserves family relationships.
- Consult an attorney experienced in Washington partition cases to review title, draft pleadings, and represent you at hearings. Mistakes in party joinder or legal description can delay your case.
If you want, I can outline a sample complaint checklist for a Washington superior court partition filing, or suggest questions to ask an attorney when you call.
Final reminder: This content is informational only and not a substitute for legal advice. For help with your specific inherited property and co-owner dispute, consult a licensed attorney in Washington state.