§3.6 - Partition

• Jurisdiction: Washington

§3.6 PARTITION

This section is intended to discuss the rights of a concurrent tenant to bring an action for partition, as well as to allow the reader to see how partition actions are likely to be resolved. Partition is also discussed in more detail, particularly as to pleading, parties, and other matters more concerned with the bringing of an action for involuntary partition, in4 WASHINGTON REAL PROPERTY DESKBOOK Ch. 10 (Wash. St. Bar Assoc. forthcoming 2009).

Partition is governed by Chapter 7.52 RCW. It gives any joint tenant or tenant in common the right to have his or her property partitioned. There is also a right of partition to allow the sale of property when all or part of some interest is held by a life tenant or by a tenant for a term. See Carr v. Deking, 52 Wn.App. 880, 765 P.2d 40 (1988), review denied, 112 Wn.2d 1019 (1989).

The right of a tenant in common to seek partition is generally absolute. The right may be waived, however. Hamilton v. Johnson, 137 Wash. 92, 241 P. 672 (1925). It is best to specify a time period during which the right is waived, but in the absence of such a period the court will imply a reasonable period. Schultheis v. Schultheis, 36 Wn.App. 588, 675 P.2d 634, review denied, 101 Wn.2d 1016 (1984); see also Carter v. Weowna Beach Cmty. Corp., 71 Wn.2d 498, 429 P.2d 201 (1967) (court refused to allow any partition of a shorefront parcel held in 1/81st shares by residents of a community).

The statute expresses the preference...