Partition Actions in Washington State: Resolving Disputes Over Jointly Owned Property

Joint ownership of real estate is common in Washington, especially among family members, romantic partners, or co-investors. However, when co-owners no longer agree on how to use or manage the property, disputes can arise that make continued ownership untenable. In these situations, a legal remedy known as a partition action may provide a path forward.

What Is a Partition Action?

A partition action is a civil lawsuit filed by one or more co-owners of real property who wish to sever their ownership interest when the other co-owners do not agree to sell or divide the property voluntarily. Washington law provides the right to partition to any co-owner who no longer wishes to be bound by a shared ownership arrangement.

There are two types of partition:

  • Partition in kind: The court physically divides the property among the co-owners according to their ownership interests. This is more common in rural or undeveloped land where a fair division is feasible.
  • Partition by sale: The court orders the property sold and the proceeds divided among the co-owners. This is typically used when physical division is impractical, such as with a single-family home or small parcel of land.

Washington courts generally favor partition in kind but will order a sale if a fair division would substantially diminish the property’s value or is otherwise impractical.

Who Can File for Partition?

Any person who holds a current legal ownership interest in real property—whether as a tenant in common or joint tenant—may petition the court for partition. It is not necessary for all owners to agree, and the court will not force a co-owner to remain in a shared property interest against their will.

Partition actions often arise in the following scenarios:

  • Heirs who jointly inherit property from a relative
  • Former romantic partners who purchased a home together but later separate
  • Business partners who invested in real estate and are now dissolving their arrangement
  • Siblings or other family members who disagree about what to do with shared property

A partition action is filed in the Superior Court in the county where the property is located. The petitioner must identify all other co-owners and provide evidence of ownership interests. Once the case is initiated, the court may:

  • Determine the ownership percentages of each party
  • Evaluate whether the property can be fairly divided
  • Appoint a referee or commissioner to assist with valuation, sale, or division
  • Resolve related claims, such as reimbursement for taxes, repairs, or mortgage payments made by one co-owner

If the court orders a sale, it will typically appoint a neutral third party to oversee the sale and ensure the proceeds are fairly distributed.

Partition actions often raise additional financial questions, including:

  • Whether one party should be reimbursed for improvements, maintenance, or mortgage payments
  • Whether one party owes occupancy rent if they’ve had exclusive use of the property
  • How property taxes and sale proceeds should be equitably divided

These issues are fact-specific, and courts have discretion to adjust the final distribution based on equity and fairness.

Can a Partition Be Avoided?

Co-owners can often avoid litigation through voluntary agreements. A negotiated buyout, private sale, or mediation may resolve the dispute without court intervention. However, when negotiations break down, a partition action provides a formal legal process to ensure co-owners are not forced to remain in a relationship that no longer serves them.

Partition actions involve both property law and equitable considerations. An experienced attorney can help clients:

  • Assess whether partition is the appropriate remedy
  • Present evidence supporting claims for reimbursement or fair division
  • Negotiate favorable settlements or litigate when necessary

At the Law Office of Erin Bradley McAleer, we help Washington clients navigate the partition process with clarity and confidence. Whether you are seeking to initiate a partition or respond to one, our team is prepared to protect your rights and pursue a resolution tailored to your goals.

Schedule a Consultation

If you are involved in a dispute over jointly owned property, contact the Law Office of Erin Bradley McAleer to discuss your options. Our experienced civil litigation team is here to help you move forward.