Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Overview of Partition Actions in Washington
When joint owners cannot agree on the use or disposition of real property, Washington law allows a partition action under RCW 7.60. Partition divides or sells the property and allocates proceeds. A court may appoint a commissioner to oversee the process. See RCW 7.60.
1. Initiating a Partition Action
- File a Complaint: The plaintiff files a complaint for partition in the Superior Court of the county where the property is located. The complaint must include a legal description of the property, the names and addresses of all co-owners, and the plaintiff’s interest. (RCW 7.60.020)
- Service of Process: Serve each co-owner with a summons and a copy of the complaint according to Civil Rule 4. See RCW 4.28.080.
- Fees and Deposits: Pay the court filing fee and deposit for anticipated commissioner fees. Fee schedules vary by county; check the local court’s website.
2. Appointment of a Commissioner
After the complaint is filed, the court issues an order appointing a commissioner under RCW 7.60.020. The commissioner acts like a special master: they inspect the property, gather evidence, and supervise either a physical division or a sale.
3. Consent to a Partition Action
- Written Consent: A co-owner may consent by signing and filing a written consent with the court, indicating they join in the partition. (RCW 7.60.030)
- Answer Joining the Action: Alternatively, a co-owner can file an answer to the complaint. Their answer effectively consents and may state their preferred method of partition.
- Stipulated Order: Parties can draft and submit a stipulated order agreeing on division type—physical split or sale—and allocation of proceeds.
4. Partition Process and Finalization
- Commissioner’s Report: The appointed commissioner examines boundaries, collects appraisals, and recommends a division or sale.
- Objections: Parties have 10 days to object to the report under Civil Rule 53.
- Court Decree: The court reviews the report and objections, then issues a final decree of partition. The decree carries the force of law.
Timeline and Costs
Partition actions typically take 3–12 months from filing to final decree. Costs include court filing fees, service fees, commissioner fees, appraisal fees, and publication costs. RCW 7.60.280 limits commissioner compensation.
Helpful Hints
- Confirm all property co-owners before filing to avoid missing parties.
- Decide early whether you seek physical division or a sale; clarity speeds the process.
- Check your county’s superior court website for current filing fees.
- Document all written consents and stipulations to reduce disputes.
- Consider mediation to narrow issues and lower costs before formal partition.