How Long Does it Take to Force the Sale of Property in Washington?

Have you recently inherited a property with your siblings? Are you going through a tough divorce? Or maybe you just co-own a property with someone? While owning real estate can be a great asset, sharing ownership with others can become complicated and stressful down the line. 

As the saying goes, “Too many cooks spoil the broth”. So whether you ended up in a joint property agreement by inheritance or choice, having multiple decision-makers rarely leads to a smooth sailing process when you want to liquidate the property later on.

So, what can you do if you reach a stalemate? If you find yourself in this situation, it’s time to consider forcing the sale of your property. However, be warned that forcing the sale of a property is not something to take lightly: it’s a serious legal step with potential consequences.

That’s why in this article, we’ll break down what it means to force the sale of a property, how it works, and the things you need to know to make the best decision for your situation.

How do you force the sale of a property?

Let’s say you want to cash in a real estate investment you with friends or family made many years ago. Unfortunately, when there are multiple co-owners, the decision isn’t entirely in your hands, and typically, all decisions regarding a co-owned property must be unanimous.

So what can you do if you want to sell, but not everyone agrees?

One option is to file a partition action. This legal process allows you to force the sale of the property, even if the rest of the owners are not in agreement. In fact, only one co-owner needs to initiate the action to get the process started.

What is a partition action?

In Washington, you’re not stuck owning property you don’t want. If you find yourself co-owning real estate with others and joint ownership is no longer working for you, you can file for a partition action. It is a legal remedy which allows you to petition the court and force a sale even if the rest of your co-owners aren’t willing to sell.

Types of partitions 

Before you decide to file for a partition action, it’s important to understand that there are different types of partitions the court can rule in favor of, and it doesn’t always end in a forced sale: partition in kind, partition by sale, and partition by appraisal. 

The type of partition action that the court ultimately decides on will depend on the nature of your case. 

Partition by kind  

Partition by kind (also known as partition by physical division) is when a property is divided fairly among the co-owners based on their rights to it. Essentially, the property itself is split into distinct portions, with each owner receiving a share that aligns with their interest in the property. This type of partition is usually favored by the court if they are dealing with raw land that can be easily divided, or if the property is  large enough to be fairly split without violating zoning or property laws.

One of the good things about split by kind is that it lets the co-owner who wants to sell their share do so, while the other co-owners can keep theirs. This choice is usually the best because it keeps the property whole for co-owners who want to stay involved and lets people who want to sell it move on comfortably.

Partition by appraisal  

Partition by appraisal is a less common ruling because it requires all co-owners to agree to a buyout. In this process, the court will order an independent appraisal of the property to determine its value. Once the appraisal is complete, one or more co-owners will have the opportunity to purchase the interests of the other co-owners based on that assessed value. This option is typically only viable if all parties involved are open to a buyout and can agree on the property’s worth. 

It’s an option besides selling the whole property; the co-owner who wants to leave can sell their share to other people instead of having to sell the whole property. This choice can be tricky, though, because all of the co-owners have to agree on it. And if you’re ready to file a partition case, you probably haven’t had any other choices left, leaving you stuck in a real estate corner.

Partition by sale 

A partition by sale is the most common type of partition and the one you’re likely seeking if you want to sell the property. As the name suggests, if the court orders a partition by sale, the entire property will be sold, and the proceeds will be divided among the co-owners based on their respective interests in the property.

Once the court has ruled for a partition by sale, the property can be sold in one of three ways: on the open market, at a public auction, or through sealed bids.

At the moment, courts usually choose to sell co-owned property on the open market instead of using older methods like auctions or secret bids. The price of a house generally goes up when it’s sold on the open market, since it gets more attention and attracts more potential buyers. This can make the price go up because there is more competition, which makes it the best way to get fair market value.

However, there are some important conditions to keep in mind. If the property doesn’t sell within the time frame set by the court, the best-case scenario is that the judge will grant an extension, giving more time to find a buyer. If the property still doesn’t sell, the court may move forward with a more expedited method, such as an auction. Unfortunately, properties sold at auction often sell for less than they would on the open market due to the limited buyer pool and the rushed nature of the sale.

Partition by sale is commonly used because many properties, like single-family homes or apartments, are not large enough to be divided physically.

Therefore, before filing for a partition action, it’s important to understand the three types of partition, as the outcome may not be the forced sale you expect. Consulting with a legal professional can help you better understand your options and what you can realistically achieve.

What are the requirements to file for a partition action?

Filing for a partition action is relatively straightforward, with just a few key requirements. When you file, you’ll need to have copies of supporting documents ready, such as the deed, the mortgage, and any other paperwork related to the property.

The main requirement though is that you must be one of the co-owners of the property. This means your name must be on the title.

It’s also important to understand the type of joint property ownership you have, as this will determine whether you’re eligible to file for a partition action.

Cases Where You Cannot File for a Partition Action

While Washington state generally doesn’t force anyone to own property they don’t want, there are situations where a partition action may not be an option for you. Understanding these exceptions is important, especially if you’re considering filing for a partition action and want to make sure you’re on the right track.

Written Agreement in a Will or Other Official Document

One of the most common situations where a partition action might be off the table is if there’s a written agreement that specifically prohibits it. This could happen in a couple of ways:

1. Inheritance Restrictions: For example, if the property in question is a family home that was inherited, the will might state that the property cannot be sold or brought to court for a partition action. In these cases, the heirs or beneficiaries are legally bound to follow the deceased person’s wishes. This can be especially common when the deceased wants to keep the property within the family, ensuring it stays intact and isn’t sold or divided. If the will explicitly forbids a partition action, the courts will respect that and enforce the restrictions.

2. Co-Owner Agreements: Another scenario could be that the co-owners of the property have entered into a legal agreement, perhaps when purchasing the property, that explicitly prohibits filing for a partition action. This type of agreement is often made to protect the interests of each co-owner. For example, if you buy property together with someone and there’s a mutual understanding that the property will not be sold or divided without unanimous consent, the agreement may include provisions to prevent a partition action from being filed. This helps ensure that each co-owner’s wishes are respected and that no one can unilaterally force a sale or division of the property

You do not currently co-own the property 

You cannot file for a partition action unless you are a legal co-owner of the property. Even if you’re set to inherit the property, if your name isn’t officially on the title or deed, you don’t have the legal standing to file for a partition action.

This situation often arises when property is tied up in probate. Probate is the legal process that happens after someone’s death, where the court validates their will, settles debts, and transfers ownership of their assets to the heirs. Unfortunately, this process can take months, sometimes even years, to complete. During this time, you technically do not own the property, as the title has not yet been transferred to you.

Since you must be a co-owner to initiate a partition action, you would not be able to force the sale of the property until you officially own your share. This means that, until the probate process is finalized and the title is transferred to your name, you won’t be able to file for a partition action.

When should I file for a partition action?

If you’re asking yourself, “When is the right time to file for a partition action?” The answer really depends on your specific situation. However, there are a few key moments when it might be the right time to take that step. 

When you’ve reached a real estate deadlock 

A partition action is typically a last resort. It’s something you should consider only after you’ve explored all other options and hit a real estate deadlock. If you’ve been going back and forth for weeks or even months with your co-owner, trying to figure out what to do with the property or how to manage it, but you’re constantly facing disagreements, it might be time to get the court involved.  

When personal issues are involved

Co-owning property with loved ones such as family members often involves more than just financial decisions; it can bring up personal emotions as well. 

When families inherit property or purchase it together, everything may seem fine at first. You might have high hopes for the property or assume things will go smoothly, but over time, disagreements, personal issues, and differing priorities can create tension. If you’re not on good terms with the other co-owners—whether they’re family members, ex-partners, or friends—the situation can quickly become emotionally charged and difficult to navigate.

In these situations, it can be hard to separate personal feelings from practical decisions, which can make managing the property increasingly complicated. If you find yourself in this type of situation, it may be time to bring in a neutral third party to make decisions for you. That third party could be the court, which has the authority to step in and resolve disputes over shared property. A partition action can provide an official, impartial resolution that helps remove the personal and emotional layers from the decision-making process.

While forcing a sale through a partition action can add emotional strain, it may also be the only option left. Holding on to property that you no longer want—or that’s causing tension—can become both a financial and emotional burden you may not be able to afford. 

If you are sure that your case will lead to a partition of sale

When you file for a partition action, the court can choose between three outcomes: partition by sale, partition by kind, or partition by appraisal. If you’re hoping for a forced sale, it’s crucial to understand that the court doesn’t automatically favor this option—it will base its decision on the specific details of your case.

When requesting a partition by sale, you’ll need to provide supporting documents that demonstrate why selling the property is the most reasonable solution. This could include evidence of the property’s value, the difficulty in dividing it, and how a sale would be fair to all co-owners. You’ll also need to show that selling is the most practical and beneficial option for everyone involved.

Before filing, make sure you’ve carefully considered your situation and are confident that partition by sale is the most likely outcome. It’s also wise to consult with a legal professional who can help assess your case and guide you through the process, ensuring you’ve covered all your bases and are fully prepared for the court’s decision.

Why Should I Not File for a Partition Action?

While it might seem like a straightforward way to resolve a dispute over property, filing for a partition action is not always the best solution. There are several important factors to consider before taking this route, as it can come with significant disadvantages.

Emotional Strain

One of the most significant drawbacks of filing for a partition action is the emotional toll it can take on everyone involved. Forcing the sale of a property you co-own can feel unfair, especially when family members, ex-partners, or close friends are involved. You’re essentially taking away their ability to make decisions about the property which can lead to feelings of resentment, betrayal, and long-lasting tension.

The emotional strain can be even more complicated if the property has sentimental value, such as a family home. What may seem like a straightforward business decision to you might be seen as a painful loss for others who have different personal attachments to the property. It’s important to weigh these emotional costs carefully, as they can affect relationships for years to come.

Lawsuit Expenses

Like any legal action, a partition action comes with a significant cost. From filing fees to attorney fees, appraisal costs, and other miscellaneous expenses, the total financial burden can add up quickly. 

While it’s possible to recover some of these costs if the court rules in your favor, there’s no guarantee that you’ll be reimbursed. It’s crucial to assess whether the potential financial costs make sense given the possible outcomes, especially if the property in question is of relatively low value or if the co-owners aren’t financially well-off.

The Property Could Sell at a Lower Value

Even if the court rules for an open market sale, there’s no guarantee the property will sell for its full market value. The partition process comes with time constraints that often work against achieving the highest possible price. If the property is not sold within the time frame set by the court, the sale may be forced, and the highest offer on the table will be accepted. This means that you may not get the full value of the property if buyers sense the urgency or if the market conditions aren’t favorable.

How Long Does it Take to Force the Sale of Property in Washington?

The timeline for forcing the sale of a property through a partition action in Washington can vary, but you should generally expect the process to take anywhere from 6 months to a year, assuming everything goes smoothly. However, it’s more realistic to prepare for a one year timeline, as several factors can cause delays and extend the process.

There are a number of obstacles that can slow things down, including court scheduling, disputes between co-owners, and the funding required to file the petition. Negotiations with co-owners, potential delays in the sale process, and even market conditions—such as whether the property can be sold at a desirable price—can all contribute to delays. Each of these factors can extend the timeline and make the process more unpredictable.

Additionally, it’s important to consider whether you’ve already gone through a lengthy probate process (which can take 6 to 12 months) to transfer the property title to your name before you even file for the partition action. If that’s the case, the overall process of selling the property could end up taking several years from start to finish.

In short, while the partition action itself might take several months, the entire journey—from navigating probate to selling the property—could stretch on for a year or more. It’s essential to be mentally and financially prepared for the time and effort it will take to force a sale of the property through the courts.

How to win a partition action

Winning a partition action depends on what you want to achieve: whether it’s forcing the sale of the property or another outcome. If your main goal is simply to sell, keep in mind that mediation or out-of-court settlements might be quicker and less costly. But if you’re committed to a partition action, here are some key steps to improve your chances:

1. Hire a Real Estate Attorney

While you can file a partition action on your own, having an experienced attorney makes a big difference. Partition actions can be complex, especially if co-owners disagree, and a skilled attorney can help you navigate the process and avoid costly mistakes. Although it can be expensive, the right legal help could save you time and money in the long run.

2. Keep Detailed Records

Documentation is key. Make sure you have all relevant records related to the property, like the deed, mortgage statements, and any communication with other co-owners. This not only helps keep the process moving smoothly but can also be important for recovering costs later on.

3. Be Open to Negotiation

Even after filing for a partition action, there’s still a chance to settle the dispute outside of court. Mediation or direct negotiation can lead to a resolution that meets your goals—whether that’s a sale, buyout, or some other arrangement. Keeping communication open with co-owners can help avoid the time and expense of a court battle.

4. Clarify Your Desired Outcome

Before you file, know what you’re aiming for. If you want the property sold, make sure your case supports that outcome. Understanding the different types of partitions (sale, physical division, or buyout) will help you choose the best path forward.

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If you have more questions, feel free to reach out to us at (253) 216-2497 . Ask for Keith or Krixelle—we’d be happy to chat!

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