Washington: Forcing Sale of Inherited or Co-Owned Property When Heirs Refuse to Agree | Washington Partition Actions | FastCounsel
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Washington: Forcing Sale of Inherited or Co-Owned Property When Heirs Refuse to Agree

August 12, 2025 6 min read

Can you force a sale when co-heirs refuse mediation or won’t sign?

Short answer

If the property is owned jointly (for example, tenants in common after an estate distribution) and some co-owners refuse to cooperate or decline mediation, you generally cannot physically force them to sign a private sale agreement. However, you can ask a Washington superior court to divide or sell the property through a partition action. If the court finds that dividing the land in kind is impractical or unfair, it can order a sale and divide the proceeds among the owners under RCW chapter 7.60.

Detailed answer — how this works in Washington

1. Who can start the process?

Any co-owner of real property (for example, an heir who received title or an owner who holds an undivided interest) may file a partition action in the superior court where the property is located. If the property is still part of a probate estate and a personal representative has not completed distribution, the personal representative or an interested person may also ask the probate court for authority to sell, but a separate partition action is the usual remedy among co-owners.

2. What is a partition action?

A partition action is a lawsuit that asks the court to divide the property among the owners (partition in kind) or, if dividing the property fairly is not practical, to order its sale and then distribute the sale proceeds among the owners. Washington’s partition statutes are collected at RCW 7.60.010 and the following sections. The court uses these statutes to determine procedure and remedies.

3. Partition in kind versus partition by sale

The court begins with the presumption that partition in kind (physically dividing the land) is preferred. But when the property cannot be divided without prejudicing some owners—for example, a single-family home on one lot that can’t be split into reasonable, marketable parcels—the court may decide to order a sale instead. In that case, the property is sold (often by court-appointed commissioner or referee) and proceeds are divided after liens, taxes, costs, and any court-ordered credits or adjustments.

4. What if some heirs refuse mediation or a private sale?

Mediation and negotiation are encouraged because they can save time and money. However, refusal to mediate or refusal to sign a sale agreement does not prevent a willing co-owner from filing a partition action. The court can proceed without unanimous consent from all owners. If the court orders a sale, the dissenting owners cannot block the sale once the court’s order is final and the sale process authorized by the court is complete.

5. How proceeds and costs are handled

When the court orders sale, it directs how to apply sale proceeds. Typical priorities are: payment of mortgages or liens, property taxes, court costs, advertising and sale expenses, and then distribution of the net proceeds to owners according to their ownership interests. The court can also account for unequal contributions (for example, one owner paid more mortgage or maintenance) and award credits or adjustments. Attorneys’ fees and partition costs may be allocated by the court under the circumstances of the case.

6. Timeline and likely costs

A partition action can take several months to over a year depending on case complexity, whether the parties contest facts or valuations, and court scheduling. Costs include filing fees, service costs, appraiser fees, possible commissioner fees, and attorneys’ fees. These can be significant; that is why pre-filing negotiation and valuation often make sense.

7. Other routes in probate or estate situations

If the property is still part of an open probate, the personal representative may petition the probate court to sell estate property to pay debts or distribute assets. Probate sales follow different rules and often require court approval. If you are dealing with an estate, confirm whether the property title has already passed to heirs; if not, consult the probate file and consider a probate sale or settlement before filing a partition action.

8. Practical considerations and risks

Filing a partition action creates litigation and cost. A court-ordered sale might produce a lower price than a voluntary private sale. Also, if co-owners assert homestead rights, life estate claims, or other equitable interests, those defenses can complicate and delay the case. Because statutes and local rules affect procedure, work with counsel familiar with Washington partition law to evaluate the pros and cons.

Helpful hints

  • Confirm the ownership form: determine whether title is held as tenants in common, joint tenants, or still in the decedent’s name. Title records at the county auditor clarify ownership.
  • Try these before filing: get a neutral appraisal, propose a buyout, offer to split sale costs, or use mediation to reach a settlement. Private resolution is usually faster and cheaper.
  • Document contributions: keep records of mortgage payments, taxes, repairs, and improvements. The court may adjust distributions based on those contributions.
  • Understand likely deductions: liens, taxes, advertising, appraiser and commissioner fees, court costs and attorney fees reduce the net proceeds.
  • Consider a negotiated buyout: if an heir wants to keep the property, they might pay others their share based on an agreed valuation and avoid court.
  • Expect delay if disputes over title or claims (homestead, life estate) exist. Those issues often require separate hearings.
  • Talk to a Washington property or probate attorney early to evaluate whether a partition action, probate sale, or negotiated buyout is best for your facts.

Key statute

Washington’s partition procedures are in RCW chapter 7.60. See the chapter here for statutory language and procedure: https://app.leg.wa.gov/rcw/default.aspx?cite=7.60.

When to get a lawyer

If heirs refuse mediation or drafting a buyout agreement, and you want to force a sale or protect your financial interests, consult a Washington attorney experienced in partition and probate. An attorney can prepare and file the necessary pleadings, obtain appraisals, request a court-appointed commissioner, and represent your interests at hearings.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney–client relationship. Laws change and facts matter; consult a licensed Washington attorney to apply the law to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.