Starting a Partition Action in Washington When a Co-Owner Refuses

Short overview: If a co-owner of real property in Washington refuses to agree to divide or sell the property, a co-owner can ask the Superior Court to order a partition. Washington law authorizes any person with an interest in real property to bring a partition action. See RCW chapter 7.60 for the statutory framework: RCW 7.60 — Partition. This article explains the usual practical steps, court process, and what to expect.

Important note about county

File the case in the Washington Superior Court of the county where the property is located. (If you meant “Guilford County,” note that Guilford County is in North Carolina, not Washington. Confirm the correct Washington county for your property before filing.) Use the Washington Courts directory to find the right Superior Court: Washington Courts — Court Directory.

Step-by-step process

1. Confirm ownership and identify all interested parties. Pull the grant deed(s), title report, and tax records. List every person or entity with a recorded interest (co-owners, mortgage lenders, mechanics’ lien claimants, judgment lienholders, heirs, trustees, etc.). Washington requires joinder of persons with an interest in the property in a partition action. See RCW 7.60.010 and the chapter overview: RCW 7.60.
2. Try to reach an agreed resolution first. Send a clear written demand explaining that you want either a partition in kind (divide the property physically, when feasible) or a sale with proceeds divided. Keep records of offers and communications. Courts expect parties to try negotiation or mediation before prolonged litigation.
3. Decide the relief you will ask the court to order. Typical requests in the complaint include:
   • Partition in kind (division of the land) if the land can be fairly divided;
   • Partition by sale (court orders sale and divides proceeds) if division in kind is impractical or inequitable;
   • Appointment of commissioners or a referee to survey, divide or sell the property;
   • Accounting for rents, taxes, mortgage payments, and improvements so net proceeds or shares reflect contributions and liens.
4. Prepare and file a complaint for partition in Superior Court. The complaint should: name all parties, describe the property by legal description, state each party’s claimed interest, state why partition is sought, and specify the relief requested. Attach copies of deeds or recorded instruments that support your claim. Follow the local Superior Court filing rules and civil rules for format and service.
5. Protect the property while the case proceeds. Ask the clerk about filing a notice of pendency (a lis pendens) or other recorded notice to warn potential buyers. Also consider temporary orders the court can enter to preserve the property (e.g., preventing sale or waste, determining who pays insurance, taxes, and mortgage payments while litigation continues).
6. Serve summons and complaint on all interested parties. You must provide proper service under Washington civil procedure. The court will not decide ownership rights until all necessary parties receive notice and have opportunity to respond. If a party is unknown or cannot be found, courts permit substituted service or constructive notice in limited circumstances; follow the Superior Court clerk’s guidance and local rule requirements.
7. Court procedures and possible outcomes.
   • If the court orders partition in kind, the court or appointed commissioners will survey and divide the property, then issue deeds to each co-owner for their share.
   • If partition in kind is impractical, the court may order a sale. A court-supervised sale produces proceeds that the court divides among owners after paying liens, costs, and sometimes adjustments for improvements or contributions.
   • The court may appoint commissioners, referees, or a real estate broker to implement the sale, or it may set terms for competitive bidding at auction.
   • The court may require an accounting so each party’s share reflects payments for mortgages, taxes, repairs, and improvements.
8. Costs, fees, and potential recovery of attorney fees. The party who obtains relief generally pays court costs, but the court can order costs and fees allocated among the parties based on equity, contract, or statute. Ask the court clerk about filing fee waivers if you have limited income.
9. Record the court decree and any resulting deeds or sale documents. After the court resolves the partition, record the order and final deeds with the county auditor to update title records and clear any cloud on title.

Key Washington law references

• Partition statutes (general authority and procedures): RCW chapter 7.60 — Partition. See especially the opening provisions: RCW 7.60.010.
• For local filing procedures and finding the correct court: Washington Courts — Court Directory.

Practical tips and typical timelines

Small disputes or agreed sales resolve quickly; contested partition cases can take many months to over a year, depending on complexity (surveying, multiple lienholders, contested ownership claims). Expect discovery, hearings, and possible appraisal or survey work if the court must determine fair division or sale price.

Helpful Hints

• Document everything: keep copies of deeds, mortgages, tax bills, insurance, repair receipts, and all communications with the other co-owner.
• Get a preliminary title report or run a records search at the county auditor to find all recorded interests before filing.
• Consider a written demand and a short mediation before filing; courts and judges often prefer parties attempt mediation for property disputes.
• Ask the county Superior Court clerk about local forms, filing fees, and whether the court requires a special case schedule for partition actions.
• Budget for costs: filing fees, service fees, surveyor fees, appraisal costs, and possible commissioner or broker fees if the court orders a sale.
• If someone else is paying the mortgage or property taxes, ask the court for an accounting so the sale distribution fairly credits contributions.
• Because partition affects title, record the final court order and any deeds at the county auditor to clear title and avoid future disputes.
• Hire a Washington-licensed attorney if ownership is contested, multiple lienholders exist, or large sums are at stake. An attorney can prepare pleadings, handle service, and present complex arguments at hearings.