Detailed Answer — How Washington law handles division and forced sale of co-owned farmland

Disclaimer: This article provides general information about Washington law and is not legal advice. Consult a qualified Washington attorney for advice about your specific situation.

What this process is and who can start it

When two or more people own farmland together (for example, as tenants in common), Washington law gives any co-owner the right to ask a court to divide the land or to force a sale when a fair division is not practical. The procedure is called a partition action. See the Washington partition statutes: RCW Chapter 7.52 and the opening provision RCW 7.52.010.

Step-by-step overview

1. Try to resolve the matter without court. Most disputes are resolved by negotiation: one co-owner may buy another’s share, or owners may agree to a management plan, leasing arrangement, or sale. Mediation often succeeds and avoids litigation costs.
2. Gather information before filing. Collect deeds, title documents, surveys or plats, lease agreements, loan and lien information (mortgages or tax liens), farm program contracts, and records of contributions to improvements or expenses. This helps assess feasibility of dividing the tract and identifies encumbrances that affect sale proceeds.
3. File a partition action in Superior Court. If talks fail, a co-owner files a petition or complaint for partition in the county superior court where the land lies. The complaint must identify the property, the parties, the ownership interests, and the relief sought (partition in kind or sale). Washington statutes establish the procedure for partition actions; see RCW 7.52.
4. Serve all interested parties and allow responses. All co-owners and any holders of recorded liens or other parties with an interest (e.g., judgment creditors) must be served. Defendants can answer, assert counterclaims (for example, to quiet title issues), and raise defenses.
5. Pretrial steps: discovery, title and survey work, and dispute narrowing. Parties exchange information (discovery), get an up-to-date title report, and often order a professional survey or appraisal. The court may encourage or require mediation. Many issues (boundary disagreements, easements, leases, or encumbrances) get resolved before a final hearing.
6. Court determines whether partition in kind is practicable. Washington courts prefer partition in kind (physically dividing the land) when it can be done without unfairly harming owners. The court considers parcel shape, size, access, soils and water rights, existing improvements, and the viability of resulting parcels. If physical division is feasible and fair, the court will order a division.
7. Appointment of commissioners, referees, or experts to divide and value property. When the court orders partition in kind, it commonly appoints neutral commissioners or a referee to carry out the division, prepare plats, and report back. The appraiser(s) or commissioner(s) will value the whole and the proposed divided tracts. See RCW 7.52 for the court’s authority to appoint officers and set procedures.
8. If division is impractical, the court orders a sale. If the land cannot be fairly divided (for example, because of a single farmhouse and operation or irregular parcel layout), the court may order a sale. The sale procedure is supervised by the court: it sets terms, authorizes public sale or auction, and may appoint a commissioner or sheriff to conduct the sale. Proceeds are held by the court pending distribution.
9. Pay liens, costs, and distribute proceeds according to ownership. From net sale proceeds the court pays outstanding liens (mortgages, tax liens), any costs of sale (appraisals, advertising, commissions), and court costs. Remaining funds are distributed among owners according to their ownership shares unless the court orders adjustments based on contributions or agreements. If one co-owner has paid more than their share for mortgages, taxes, or improvements, the court can adjust shares or allow an accounting before distribution.
10. Post-judgment motions, confirmation of sale, and possible appeal. After sale and distribution, parties may challenge procedure or valuation within the time limits set by court rules. Appeals must follow Washington appellate procedure and deadlines. Until final judgment and distribution, co-owners often remain bound by injunctions preventing separate sales or transfers that would interfere with partition.

Practical issues often encountered with farmland

• Leases: existing farm leases may limit immediate possession or require rent accounting; the court may sell subject to leases unless the lease is terminated under agreement.
• Agricultural easements and conservation programs: conservation easements can restrict subdivision or sale and will affect whether partition in kind is possible.
• Water rights, irrigation infrastructure, and shared improvements: these can complicate splitting parcels and may favor sale instead of division.
• Outstanding mortgages or farm loans: lenders with valid liens are paid from sale proceeds and may have remedies if payments default.
• Tax and subsidy consequences: sale can trigger capital gains tax and affect farm program eligibility; consult a tax professional.

Where to find the laws

Primary statutory authority for partition in Washington is in RCW Chapter 7.52. The opening rule on actions for partition is at RCW 7.52.010. For local procedural rules and filing requirements, check the Superior Court rules and the local county superior court clerk’s office.

Helpful Hints

• Before filing, get a neutral appraisal and a boundary survey to see if equitable division is practical.
• Offer a buyout option to co-owners: a written offer to purchase another owner’s share at appraised value can avoid litigation.
• Use mediation early—courts frequently refer partition disputes to mediation and it is usually faster and cheaper.
• Do a title search early to identify liens, easements, or other encumbrances that affect sale proceeds or division possibilities.
• Consider business/operational impacts: selling active farmland can disrupt farm tenants, crop cycles, and government program participants.
• Keep careful records of contributions to taxes, mortgage payments, repairs and improvements—courts consider these when adjusting distributions.
• Consult a Washington attorney experienced in real property and partition litigation to understand procedural timing, likely costs, and realistic outcomes.

For more information on the statutory text, start with: RCW Chapter 7.52 (Partition).