Selling a House You Co-Own in Washington: Buyouts and Partition (2026)

Short answer: If you co-own a Washington house with a sibling, a friend, a former partner or other heirs, selling it takes every owner’s signature. When everyone agrees, it’s an ordinary sale with the proceeds split by ownership share. When someone won’t agree, the usual options are a buyout or a partition lawsuit under chapter 7.52 RCW, where a court can divide the property or order it sold. Most co-owners are better off settling before it gets that far.

This is general information, not legal advice. Co-ownership disputes depend on the deed, any written agreement and the facts, so talk to a Washington real estate attorney before you file anything or sign away a share.

Start with how you hold title

Your deed decides a lot. Under RCW 64.28.020, when two or more people own property together, they’re tenants in common unless the deed expressly creates a joint tenancy (RCW 64.28.010) or they hold it as a partnership or as trustees. Property held by spouses or registered domestic partners is presumed to be community property, and a divorce follows its own rules; see our guide to selling a house during a divorce.

As tenants in common, each owner holds a share that can be sold or left by will. That’s why inherited houses often end up with several owners. If the house came to you through an estate, our article on selling an inherited house covers the probate side first.

Your options

Based on: RCW 64.28.010, 64.28.020, 7.52.010, 7.52.080 and 7.52.480, Washington State Legislature. Valuation and financing depend on the property and the buyer.

How a partition case works

RCW 7.52.010 lets one or more co-owners holding property as tenants in common bring an action for partition, and for a sale if the property can’t be divided without great prejudice to the owners. The complaint has to set out every person’s interest in the property, as far as it’s known (RCW 7.52.020).

For a single house, physically splitting it rarely works. RCW 7.52.080 says that if partition can’t be made without great prejudice to the owners, the court may order a sale and appoint one or more referees to handle it. Otherwise the court decrees a partition according to each owner’s rights. If a division can’t be made equal, RCW 7.52.440 lets the court order one owner to pay another to make up the difference.

If the house is “heirs property” under chapter 7.54 RCW (the Uniform Partition of Heirs Property Act, in effect since July 23, 2023), the court has to decide that first. Heirs property is typically family-held tenancy-in-common title that meets the statute’s relative-ownership tests. When it applies, chapter 7.54 adds a buyout process before a sale, and it replaces any parts of chapter 7.52 that conflict with it (RCW 7.54.120). Inherited co-owned homes often fall here, so check with a real estate attorney before filing.

Based on: RCW 7.52.220, 7.52.440, 7.52.450, 7.52.460 and 7.52.480, Washington State Legislature.

The cost rule is the practical point. Attorney fees and referee fees come out of everyone’s share, so a long fight shrinks what each owner walks away with. That’s often what brings co-owners back to the table.

Practical steps before you list

• Pull the deed and a title report. Confirm who is actually on title and how. Our guide to the preliminary title commitment explains what shows up.
• Find out what’s owed. Every mortgage, line of credit and lien gets paid at closing before anyone splits the rest. See mortgage payoff.
• Get a value everyone can see. A comparative market analysis or an appraisal gives co-owners a shared starting point for a sale price or a buyout.
• Put the split in writing. If someone paid more toward the mortgage, taxes or repairs, decide before closing whether that changes the split, and give escrow written instructions signed by all owners.
• Plan for taxes. Each owner’s tax result can differ. Our article on capital gains on real estate is a starting point; a CPA can tell you where you stand.

Our guide to the true cost of selling a house in Washington walks through commission, excise tax and closing costs, which come off the top before the owners divide the net.

FAQ

Can one co-owner sell the whole house without the others?

No. Each co-owner can deal with their own share, but selling the whole property needs every owner on title to sign, or a court order. Ask the title company early which signatures it will require.

What is a partition action in Washington?

It’s a lawsuit under chapter 7.52 RCW that asks a court to divide co-owned property or, if it can’t be divided without great prejudice to the owners, order it sold and split the proceeds. Under RCW 7.52.010, one or more co-owners can bring it. If the property is heirs property under chapter 7.54 RCW, that chapter’s buyout rules apply first.

Who pays for a partition lawsuit?

Under RCW 7.52.480, the costs, including referee fees and reasonable attorney fees fixed by the court, are generally shared in proportion to each owner’s interest. When the fight is only between some owners, the court can put those costs on them.

How are sale proceeds split after a court-ordered sale?

RCW 7.52.220 sets the order: the general costs of the suit, the costs of the reference, liens in order of priority, and then the rest to the owners according to their shares.

Does this apply to spouses?

Usually not the same way. Property held by spouses or registered domestic partners is presumed community property, and both must sign to sell it. Divorce has its own process; see our guide on selling a house during a divorce.

Talk it through with a local agent

Peter Kim and Odigo Real Estate Club help co-owners price, prepare and sell a house when everyone needs to sign, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. We can coordinate with each owner’s attorney or escrow, but we don’t give legal advice. See our home selling services or ask for a property valuation.

Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday

Sources

• Washington State Legislature, RCW 64.28.010 (joint tenancy must be expressly declared), https://app.leg.wa.gov/RCW/default.aspx?cite=64.28.010 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 64.28.020 (tenancy in common default; community property presumption), https://app.leg.wa.gov/RCW/default.aspx?cite=64.28.020 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.010 (who can bring a partition action), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.010 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.020 (requisites of a partition complaint), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.020 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.080 (order of sale or partition; referees), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.080 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.220 (distribution of proceeds of sale), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.220 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.440 (unequal partition; compensation), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.440 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.450 (minor’s share of proceeds paid to guardian), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.450 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.460 (guardian of an incapacitated owner may receive proceeds), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.460 , accessed Nov 4, 2026.
• Washington State Legislature, RCW 7.52.480 (apportionment of costs, including attorney fees), https://app.leg.wa.gov/RCW/default.aspx?cite=7.52.480 , accessed Nov 4, 2026.
• Washington State Legislature, chapter 7.54 RCW (Uniform Partition of Heirs Property Act) and RCW 7.54.120 (application), https://app.leg.wa.gov/RCW/default.aspx?cite=7.54 , accessed Nov 5, 2026.

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