A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
The Washington Complaint for Partition of Real Property is a legal document filed in Washington State to request a court order for the division or sale of jointly owned real estate. This complaint is typically filed when co-owners of real property cannot come to an agreement on how to distribute or use the property. The primary purpose of filing a Complaint for Partition is to resolve disputes and conflicts arising from co-ownership of real estate. It enables one party to seek a legal remedy to divide the property equitably and fairly, ensuring that each owner receives their rightful share. The Complaint for Partition outlines various details regarding the property and the co-owners involved. It includes essential information such as the names and addresses of all parties involved, a description of the property, and the type of ownership or interest held by each party. The document may also specify the percentage or fraction of ownership for each co-owner. Several types or scenarios can lead to the filing of a Complaint for Partition in Washington State. These may include: 1. Tenants in Common Partition: This type of complaint is filed when multiple individuals own a property as tenants in common and disagree on how to divide or use the property. 2. Joint Tenants Partition: When real property is co-owned by joint tenants, and there is disagreement on the future of the property, a complaint for partition can be filed. 3. Partnership or LLC Partition: In cases where the property is jointly owned by partners or members of a limited liability company (LLC), and the co-owners cannot resolve their differences, a partition complaint may be necessary. 4. Divorce or Inheritance Partition: When divorcing couples or heirs inherit real property and cannot agree on how to divide or use it, a complaint for partition can be filed to ensure fair distribution. 5. Trust or Estate Partition: If real property is held in a trust or estate, and the beneficiaries of the trust or estate cannot come to an agreement on the property's division or use, a petition for partition can be filed. It is important to note that filing a Complaint for Partition should be considered as a last resort, as it involves legal costs and can strain relationships between co-owners. However, in situations where disputes cannot be resolved through negotiation or mediation, this legal remedy helps ensure a fair resolution to the issue of jointly owned real estate in Washington State.
