Detailed answer — how the buyout process works

When co-owners own real property together (for example, tenants in common), any co-owner may file a partition action asking the court to physically divide the land or order a sale and divide proceeds. Courts in Washington prefer partition in kind where feasible but may order a sale when division is impracticable. Rather than waiting for a court sale, an interested co-owner can propose to purchase the others’ interests. Doing this properly requires valuation, a clear written offer, proof of financing or funds, and an agreement that can be recorded and, if a partition lawsuit exists, a court filing to reflect the settlement.

Key legal framework

• Partition actions and the court’s remedies are governed by RCW chapter 7.44. (See: https://app.leg.wa.gov/rcw/title7/chapter7.44/.)
• Parties remain free to negotiate and settle at any time. A voluntary transfer of an ownership interest or a written settlement resolving the partition claim will usually be respected by the court, if the parties ask the court to enter an appropriate order or dismiss the case.

Practical steps to make an effective buyout offer

1. Confirm ownership shares and encumbrances. Identify how the property is held (tenants in common, joint tenancy). Run a title search to find mortgages, liens, judgments, or easements that affect net value. These affect the price your co-owners expect.
2. Get a credible valuation. Order a professional appraisal or use a broker price opinion. Appraisals carry more weight and show good-faith valuation if you later present the offer to the court. Determine whether buyout price will be market value, discounted for illiquidity, or adjusted for outstanding debts.
3. Decide price allocation and closing mechanics. Calculate each co-owner’s share after paying liens, closing costs, and prorated taxes. Decide whether you will pay the full amount to buy their interest or whether you prefer staged payments or promissory notes (notes may require additional documentation and carry greater risk of co-owner refusal).
4. Prepare a written offer and supporting materials. Create a written offer letter or purchase agreement that includes: buyer identity, price for each owner’s fractional interest, proposed closing date, proof of funds or pre-approval, allocation of closing costs, treatment of liens and taxes, and any contingencies (inspection period, clear title condition). Provide the appraisal or valuation with the offer so recipients see your basis for the number.
5. Deliver the offer properly. Send the offer directly to co-owners and to their counsel if an attorney represents them. Use certified mail or email plus a tracked delivery method. Keep records proving delivery.
6. Negotiate and document the settlement. If co-owners accept, draft and sign a purchase and sale agreement (or a settlement agreement resolving the partition claim). Use escrow or a closing agent to transfer funds and record the deed and any releases. If the partition lawsuit is pending, prepare a stipulation and proposed order to dismiss or to transfer the selling owners’ interests and ask the court to sign it.
7. If the court has scheduled a sale, move quickly. If a sheriff’s or court-ordered sale is imminent, notify the court and opposing counsel immediately that the parties reached an agreement and submit a stipulation and proposed order to stay or dismiss the sale upon closing. Many courts will accept a stipulation that the partition action is resolved by transferring interests and will vacate a sale if the parties show a binding settlement and evidence of closing arrangements.

What to file with the court if a partition action is already pending

When the lawsuit is pending, use these filings so the settlement is effective and clears the court’s docket:

• Stipulation and proposed order dismissing the partition claim or reflecting the agreed transfer/settlement.
• If you cannot dismiss the whole case immediately, file a joint stipulation to stay the sale or a motion asking the court to vacate any sale date pending closing.
• When closing occurs, file a short notice or stipulation indicating the deed has been recorded and that the case is resolved (or attach recorded deed and releases as exhibits).

If co-owners refuse your offer

If co-owners decline, you have these options:

• Try mediation. Courts often encourage or order mediation in partition disputes.
• Make a stronger offer (higher price, faster closing, cash, or other concessions).
• Continue the partition litigation and ask the court for partition in kind or sale. If you are the buyer and the court orders sale, you may still be able to bid at the judicial sale.

Sample offer checklist and short template

Checklist before sending the offer:

• Title search and list of encumbrances
• Appraisal or broker opinion of value
• Proof of funds or lender pre-approval
• Draft purchase/settlement agreement and deed form
• Escrow/closing agent identified
• Plan for payment of liens, taxes, and closing costs

Short offer template (customize before sending):

Buyer: [Your name/entity]
Seller(s): [Co-owner name(s)]
Property: [legal description or parcel number]
Offer price for Seller's fractional interest: $[amount]
Proof of funds: [attach bank letter / lender pre-approval]
Proposed closing date: [date]
Conditions: clear title, standard closing adjustments, payment of liens as follows: [describe]
This offer remains open until [date/time]. If accepted, parties will sign a purchase and sale agreement and complete closing through [escrow agent].
    

Helpful hints

• Use an appraisal rather than relying only on online estimates for credibility.
• Offer cash or immediate funds when possible — cash offers often succeed where financed offers fail.
• Include proof of funds up front to show seriousness.
• Talk to a title company early so you know liens, payoffs, and recording requirements.
• Consider tax consequences. A sale or transfer can trigger capital gains taxes or change basis for property taxes; consult a tax advisor.
• If co-owners are represented, communicate through counsel to avoid miscommunication or claims of bad faith.
• Document everything in writing. Oral agreements complicate court filings and enforcement.
• If litigation is pending, file a stipulation and proposed order to remove the case from the court’s sale calendar once you have a binding agreement and closing plan.