Detailed Answer
Under Washington law, you can ask the Superior Court to divide (partition) real property owned by multiple parties. RCW 7.52.010 defines a partition action.[RCW 7.52.010] Here are the main steps:
- Review Ownership and Title: Identify all co-owners and verify the legal description through county records.
- Attempt Agreement: Washington encourages co-owners to reach a written agreement on division. If possible, this avoids court intervention.
- Prepare and File the Petition: Draft a petition listing each co-owner, their interest percentage, and the legal description of the land. File it in the Superior Court of the county where the property lies and pay the required filing fee.
- Serve Co-Owners: Serve each co-owner with the petition and summons following Washington Civil Rule 4 (CR 4) for proper service.
- Deposit for Commissioners: Deposit funds for surveyors or commissioners as required by RCW 7.52.050.[RCW 7.52.050]
- Commissioner’s Investigation: The court appoints commissioners or a referee to survey the property and propose either a division in kind (physical division) or a sale with proceeds split.
- Hearing and Judgment: Attend the court hearing. The judge reviews the commissioner’s report and issues a judgment ordering partition in kind or sale and distributing proceeds under RCW 7.52.020.[RCW 7.52.020]
- Execute the Judgment: After entry of judgment, the court clerk records new deeds for divided parcels or disburses sale proceeds to co-owners.
Helpful Hints
- Gather all title documents, deeds, and surveys before filing.
- Consider mediation early to reduce conflict and costs.
- Confirm service deadlines for each co-owner to avoid delays.
- Keep organized copies of all court filings and correspondence.
- Budget for surveyor fees, commissioner deposits, and recording costs.
- Speak with an attorney if property boundaries or ownership interests are disputed.
Disclaimer: This article is for educational purposes and is not legal advice.