This FAQ-style guide explains the records and facts to gather before starting a partition action in Washington state. It is written for readers with no legal background and uses a short hypothetical to illustrate typical needs. This is educational only and not legal advice.
Quick overview of partition under Washington law
In Washington, a partition action is a court process used when two or more people share ownership of real property and cannot agree on how to divide it. The statutory rules for partition actions are found in RCW chapter 7.28. See the statute for details: RCW 7.28 — Partition. A lawyer needs clear, organized facts and documents about the property, ownership, liens, use, and communications between co-owners to advise you and to prepare pleadings.
Key information and documents to gather
Below are the common categories of evidence your lawyer will ask for and why each item matters. If something below does not apply, note that for your lawyer.
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Proof of ownership and the legal description
- County deed(s) that transferred the property to the co-owners (recorded deeds).
- The warranty deed, grant deed, or quitclaim deed showing title and the legal description (not just the street address).
- Chain of title records if available (prior deeds) to confirm how ownership arose.
- Assessor parcel number (APN) or tax parcel ID.
Why: A partition complaint must describe the property precisely and list who owns it. Deeds and the legal description identify co-owners and the exact property the court will divide.
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Names and contact information for all interested parties
- Full legal names, last known addresses, phone numbers, and email addresses for all co-owners.
- Names and addresses of heirs, devisees, or persons claiming an interest (if an owner is deceased).
- Contact info for mortgage holders, banks, lienholders, judgment creditors, or anyone with recorded encumbrances.
Why: The court must join or notify all parties with a known interest. Your lawyer needs current contact information to serve papers and to prepare legal notices.
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Title reports and mortgage/encumbrance records
- Preliminary title report or abstract if you have one.
- Recorded mortgages, deeds of trust, liens, tax liens, mechanic’s liens, and any recorded easements.
Why: Liens affect whether the court may sell property free of encumbrances and how sale proceeds will be distributed.
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Possession, use, and occupancy facts
- Who is in physical possession of the property now.
- Any written or oral agreements about who lives there, who pays the mortgage, taxes, utilities, or insurance.
- Dates when co-owners moved in or out, and any history of exclusive use or maintenance responsibilities.
Why: Courts allocate costs, credits, and sometimes the right to occupy before sale. Clear facts help your lawyer ask for appropriate relief (possession, rents, accounting).
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Financial records and expense documentation
- Mortgage statements and payoff statements.
- Property tax bills and receipts.
- HOA or condo association statements, dues history, and rules.
- Receipts for repairs, improvements, utilities, and insurance paid by any co-owner.
- Copies of rent rolls and lease agreements if the property is leased to tenants.
Why: These documents support claims for contribution, reimbursement, or credits among co-owners and help estimate net sale proceeds.
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Leases, tenant info, and possession agreements
- Copies of any written leases, security-deposit records, and written notices to or from tenants.
- Names and contact information for tenants and the terms of tenancy.
Why: Tenant rights affect the timing of a sale and any orders about tenant eviction or continuation of leases after sale.
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Surveys, maps, and boundary documents
- Recent property surveys, plot plans, or boundary line agreements.
- Title commitment exceptions that reference boundary issues.
Why: Boundary disputes or the physical layout can make partition in kind possible or impossible. Surveys help the court determine if physical division is practical.
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Written agreements among owners and prior court documents
- Any signed buy-sell agreements, partition agreements, or meeting minutes showing agreed terms.
- Wills, probate documents, guardian or conservator papers if an owner lacks capacity.
- Prior lawsuits, judgments, or recorded notices affecting the property.
Why: Agreements can alter rights and obligations. Prior court orders or probate records identify additional parties or special procedures.
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Communication, correspondence, and photographs
- Texts, emails, letters, or notes that show negotiations about dividing or selling the property.
- Photographs of the property showing condition, improvements, encroachments, or damage.
Why: Records of cooperation or conflict help your lawyer frame claims and show the court why partition is needed.
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Practical details
- Current property insurance declarations and policy numbers.
- Any construction permits or code violations affecting the property.
Why: These items affect risk, saleability, and the likely net proceeds available to distribute.
What your lawyer will do with this information
With the documents above, your attorney will:
- Confirm who must be named in the complaint and who must be served with court papers.
- Decide whether to seek partition in kind (physical division) or partition by sale based on practicality and statute.
- Prepare the complaint and supporting exhibits (deeds, title report, survey).
- Request temporary relief if needed (e.g., an accounting, appointment of a receiver, or an order protecting property pending litigation).
- Estimate likely costs and net proceeds and explain the court’s usual approach to credits and liens.
Short hypothetical example
Imagine three siblings own a lake cabin as tenants in common. One sibling lives at the cabin year-round and paid most utilities. The siblings disagree about sale. To start a partition action, they give their lawyer the recorded deed showing the three names, mortgage statements, copies of texts about the sale, records of utility and repair payments, the county parcel number, a recent property survey, and the names and addresses of the mortgage company and all three siblings. With those items, the lawyer can prepare a complaint asking the court either to divide the parcel (if feasible) or order a sale and distribution of proceeds under RCW 7.28.
Timing, costs, and practical tips
Plan to spend time collecting documents. Title companies and county recorders charge small fees for copies. Expect an initial intake meeting where your lawyer reviews documents and identifies missing items. Partition cases can take months to resolve, and costs vary (filing fees, service, title work, appraisals, surveys, and possible sale costs).
Helpful hints
- Start with the county recorder’s office or online records to download recorded deeds and liens.
- Obtain a preliminary title report early. It reveals liens and easements that affect strategy.
- Get a recent survey if boundaries or physical division are in question.
- Document informal agreements in writing. Even simple signed notes can matter later.
- Preserve texts and emails; save them as PDFs or printouts with dates and sender/recipient info.
- List everyone who might claim an interest, even remote heirs; failing to include a required party can delay the case.
- Ask your attorney whether mediation or settlement discussions are appropriate before filing. Courts often encourage alternatives to litigation.