reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.080 - Order of sale or partition.

RCW 7.52.080
Order of sale or partition.
If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall decree a partition according to the respective rights of the parties as ascertained by the court, and appoint three referees, therefor, and shall designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
[Code 1881 § 559; 1877 p 118 § 564; 1869 p 134 § 512; RRS § 845.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.090 - Partition, how made.

RCW 7.52.090
Partition, how made.
In making the partition, the referees shall divide the property, and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them therein. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust, describing the property divided and the shares allotted to each party, with a particular description of each share.
[Code 1881 § 560; 1877 p 118 § 565; 1869 p 134 § 513; RRS § 846.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.100 - Report of referees, confirmation—Effect.

RCW 7.52.100
Report of referees, confirmation—Effect.
The court may confirm or set aside the report in whole or in part, and if necessary, appoint new referees. Upon the report being confirmed a decree shall be entered that such partition be effectual forever, which decree shall be binding and conclusive:
(1) On all parties named therein, and their legal representatives who have at the time any interest in the property divided, or any part thereof as owners in fee, or as tenants for life or for years, or as entitled to the reversion, remainder or inheritance of such property or any part thereof, after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life.
(2) On all persons interested in the property to whom notice shall have been given by publication.
(3) On all other persons claiming from or through such parties or persons or either of them.
[Code 1881 § 561; 1877 p 118 § 566; 1869 p 135 § 514; RRS § 847.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.110 - Decree does not affect tenant.

RCW 7.52.110
Decree does not affect tenant.
Such decree and partition shall not affect any tenants for years or for life, of the whole of the property which is the subject of partition, nor shall such decree and partition preclude any persons, except such as are specified in RCW 7.52.100, from claiming title to the property in question, or from controverting the title of the parties between whom the partition shall have been made.
[Code 1881 § 562; 1877 p 119 § 567; 1869 p 135 § 515; RRS § 848.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.120 - Costs.

RCW 7.52.120
Costs.
The expenses of the referees, including those of a surveyor and his or her assistants, when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff and may be allowed as costs.
[ 2011 c 336 § 223; Code 1881 § 563; 1877 p 119 § 568; 1869 p 135 § 516; RRS § 849.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.130 - Sale of property.

RCW 7.52.130
Sale of property.
If the referees report to the court that the property, of which partition shall have been decreed, or any separate portion thereof is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that such report is correct, it may thereupon by an order direct the referees to sell the property or separate portion thereof.
[Code 1881 § 564; 1877 p 119 § 569; 1869 p 135 § 517; RRS § 850.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.140 - Estate for life or years to be set off.

RCW 7.52.140
Estate for life or years to be set off.
When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered sold.
[Code 1881 § 565; 1877 p 119 § 570; 1869 p 136 § 518; RRS § 851.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.150 - Lien creditors to be brought in.

RCW 7.52.150
Lien creditors to be brought in.
Before making an order of sale, if lien creditors, other than those by judgment or decree, have not been made parties, the court, on motion of either party, shall order the plaintiff to file a supplemental complaint, making such creditors defendants.
[Code 1881 § 566; 1877 p 119 § 571; 1869 p 136 § 519; RRS § 852.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.160 - Clerk's certificate of unsatisfied judgment liens.

RCW 7.52.160
Clerk's certificate of unsatisfied judgment liens.
If an order of sale be made before the distribution of the proceeds thereof, the plaintiff shall produce to the court the certificate of the clerk of the county where the property is situated, showing the liens remaining unsatisfied, if any, by judgment or decree upon the property or any portion thereof, and unless he or she do so the court shall order a referee to ascertain them.
[ 2011 c 336 § 224; 1957 c 51 § 13; Code 1881 § 567; 1877 p 119 § 570; 1869 p 136 § 520; RRS § 853.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.170 - Ascertainment of liens—Priority.

RCW 7.52.170
Ascertainment of liens—Priority.
If it appear by such certificate or reference, in case the certificate is not produced, that any such liens exist, the court shall appoint a referee to ascertain what amount remains due thereon or secured thereby respectively, and the order of priority in which they are entitled to be paid out of the property.
[Code 1881 § 568; 1877 p 119 § 571; 1869 p 136 § 521; RRS § 854.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.180 - Notice to lienholders.

RCW 7.52.180
Notice to lienholders.
The plaintiff must cause a notice to be served at least twenty days before the time for appearance on each person having such lien by judgment or decree, to appear before the referee at a specified time and place to make proof by his or her own affidavit or otherwise, of the true amount due or to become due, contingently or absolutely on his or her judgment or decree.
[ 2011 c 336 § 225; Code 1881 § 569; 1877 p 120 § 572; 1869 p 136 § 522; RRS § 855.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.190 - Proceedings and report of referee.

RCW 7.52.190
Proceedings and report of referee.
The referee shall receive the evidence and report the names of the creditors whose liens are established, the amounts due thereon, or secured thereby, and their priority respectively, and whether contingent or absolute. He or she shall attach to his or her report the proof of service of the notices and the evidence before him or her.
[ 2011 c 336 § 226; Code 1881 § 570; 1877 p 120 § 573; 1869 p 136 § 523; RRS § 856.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.200 - Exceptions to report—Service of notice on absentee.

RCW 7.52.200
Exceptions to report—Service of notice on absentee.
The report of the referee may be excepted to by either party to the suit, or to the proceedings before the referee, in like manner and with like effect as in ordinary cases. If a lien creditor be absent from the state, or his or her residence therein be unknown, and that fact appear by affidavit, the court or judge thereof may by order direct that service of the notice may be made upon his or her agent or attorney of record, or by publication thereof, for such time and in such manner as the order may prescribe.
[ 2011 c 336 § 227; Code 1881 § 571; 1877 p 120 § 574; 1869 p 137 § 524; RRS § 857.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.210 - Order of confirmation is conclusive.

RCW 7.52.210
Order of confirmation is conclusive.
If the report of the referee be confirmed, the order of confirmation is binding and conclusive upon all parties to the suit, and upon the lien creditors who have been duly served with the notice to appear before the referee, as provided in RCW 7.52.180.
[Code 1881 § 572; 1877 p 120 § 575; 1869 p 137 § 525; RRS § 858.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.220 - Distribution of proceeds of sale.

RCW 7.52.220
Distribution of proceeds of sale.
The proceeds of the sale of the encumbered property shall be distributed by the decree of the court, as follows:
(1) To pay its just proportion of the general costs of the suit.
(2) To pay the costs of the reference.
(3) To satisfy the several liens in their order of priority, by payment of the sums due, and to become due, according to the decree.
(4) The residue among the owners of the property sold, according to their respective shares.
[Code 1881 § 573; 1877 p 120 § 576; 1869 p 137 § 526; RRS § 859.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.230 - Other securities to be first exhausted.

RCW 7.52.230
Other securities to be first exhausted.
Whenever any party to the suit, who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may in its discretion, order such sureties to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof.
[Code 1881 § 574; 1877 p 121 § 577; 1869 p 137 § 527; RRS § 860.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.240 - Lien proceedings not to delay sale.

RCW 7.52.240
Lien proceedings not to delay sale.
The proceedings to ascertain the amount of the liens, and to determine their priority as above provided, or those hereinafter authorized to determine the rights of parties to funds paid into court, shall not delay the sale, nor affect any other party, whose rights are not involved in such proceedings.
[Code 1881 § 575; 1877 p 121 § 578; 1869 p 137 § 528; RRS § 861.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.250 - Distribution at direction of court.

RCW 7.52.250
Distribution at direction of court.
The proceeds of sale, and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto, whenever the court so directs. But if no such direction be given, all such proceeds and securities shall be paid into court, or deposited as directed by the court.
[Code 1881 § 576; 1877 p 121 § 579; 1869 p 138 § 529; RRS § 862.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.260 - Continuance of suit to determine claims.

RCW 7.52.260
Continuance of suit to determine claims.
When the proceeds of sale of any shares or parcel belonging to persons who are parties to the suit and who are known, are paid into court, the suit may be continued as between such parties, for the determination of their respective claims thereto, which shall be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings as in an original suit.
[Code 1881 § 577; 1877 p 121 § 580; 1869 p 138 § 530; RRS § 863.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.270 - Sales to be by public auction.

RCW 7.52.270
Sales to be by public auction.
All sales of real property made by the referees shall be made by public auction, to the highest bidder, in the manner required for the sale of real property on execution. The notice shall state the terms of sale, and if the property, or any part of it is to be sold, subject to a prior estate, charge or lien, that shall be stated in the notice.
[Code 1881 § 578; 1877 p 121 § 581; 1869 p 138 § 531; RRS § 864.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.280 - Terms of sale to be directed by court.

RCW 7.52.280
Terms of sale to be directed by court.
The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises, of which it may direct a sale on credit; and for that portion of which the purchase money is required by the provisions hereinafter contained, to be invested for the benefit of unknown owners, infants or parties out of the state.
[Code 1881 § 579; 1877 p 121 § 583; 1869 p 138 § 532; RRS § 865.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.290 - Referee may take security.

RCW 7.52.290
Referee may take security.
The referees may take separate mortgages, and other securities for the whole, or convenient portions of the purchase money, of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court, and his or her successors in office; and for the shares of any known owner of full age, in the name of such owner.
[ 2011 c 336 § 228; Code 1881 § 580; 1877 p 121 § 584; 1869 p 138 § 533; RRS § 866.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.300 - Estate of tenant for life or years may be sold.

RCW 7.52.300
Estate of tenant for life or years may be sold.
When the estate of any tenant for life or years, in any undivided part of the property in question, shall have been admitted by the parties, or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate shall have been made a party to the suit, such estate may be first set off out of any part of the property, and a sale made of such parcel, subject to the prior unsold estate of such tenant therein; but if in the judgment of the court, a due regard to the interest of all the parties require that such estate be also sold, the sale may be so ordered.
[Code 1881 § 581; 1877 p 122 § 585; 1869 p 138 § 534; RRS § 867.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.310 - Tenant for life or years may receive sum in gross—Consent.

RCW 7.52.310
Tenant for life or years may receive sum in gross—Consent.
Any person entitled to an estate for life or years in any undivided part of the property, whose estate shall have been sold, shall be entitled to receive such sum in gross as may be deemed a reasonable satisfaction for such estate, and which the person so entitled shall consent to accept instead thereof, by an instrument duly acknowledged and filed with the clerk.
[Code 1881 § 582; 1877 p 122 § 586; 1869 p 139 § 535; RRS § 868.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.320 - Court to determine sum if consent not given.

RCW 7.52.320
Court to determine sum if consent not given.
If such consent be not given, as provided in RCW 7.52.310, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the benefit of the person entitled to such estate for life, or years, and shall order the same to be deposited in court for that purpose.
[Code 1881 § 583; 1877 p 122 § 587; 1869 p 139 § 536; RRS § 869.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.330 - Protection of unknown tenant.

RCW 7.52.330
Protection of unknown tenant.
If the persons entitled to such estate, for life or years, be unknown, the court shall provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
[Code 1881 § 584; 1877 p 122 § 589; 1869 p 139 § 538; RRS § 870.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.340 - Contingent or vested estates.

RCW 7.52.340
Contingent or vested estates.
In all cases of sales in partition, when it appears that any person has a vested or contingent future right or estate therein, the court shall ascertain and settle the proportionate value of such contingent or vested right or estate, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties.
[ 1957 c 51 § 14; Code 1881 § 585; RRS § 871. Cf. Laws 1881 § 586; 1877 p 122 § 590; 1869 p 140 § 539.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.350 - Terms of sale must be made known.

RCW 7.52.350
Terms of sale must be made known.
In all cases of sales of property the terms shall be made known at the time, and if the premises consist of distinct farms or lots, they shall be sold separately or otherwise, if the court so directs.
[Code 1881 § 586; 1877 p 122 § 591; 1869 p 140 § 540; RRS § 872.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.360 - Referees or guardians not to be interested in purchase.

RCW 7.52.360
Referees or guardians not to be interested in purchase.
Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase, nor shall the guardian of an infant be an interested party in the purchase of any real property being the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section shall be void.
[Code 1881 § 587; 1877 p 122 § 592; 1869 p 140 § 541; RRS § 873.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.370 - Referees' report of sale—Contents.

RCW 7.52.370
Referees' report of sale—Contents.
After completing the sale, the referees shall report the same to the court, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any, taken. The report shall be filed with the clerk.
[Code 1881 § 588; 1877 p 122 § 593; 1869 p 140 § 542; RRS § 874.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.380 - Exceptions—Confirmation.

RCW 7.52.380
Exceptions—Confirmation.
The report of sale may be excepted to in writing by any party entitled to a share of the proceeds. If the sale be confirmed, the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to such sale.
[Code 1881 § 589; 1877 p 123 § 594; 1869 p 140 § 543; RRS § 875.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.390 - Purchase by interested party.

RCW 7.52.390
Purchase by interested party.
When a party entitled to a share of the property, or an encumbrancer entitled to have his or her lien paid out of the sale, becomes a purchaser, the referees may take his or her receipt for so much of the proceeds of the sale as belong to him or her.
[ 2011 c 336 § 229; Code 1881 § 590; 1877 p 123 § 595; 1869 p 140 § 544; RRS § 876.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.400 - Investment of proceeds of unknown owner.

RCW 7.52.400
Investment of proceeds of unknown owner.
When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into the court or otherwise deposited by order of the court, the same shall be invested in securities on interest for the benefit of the persons entitled thereto.
[Code 1881 § 591; 1877 p 123 § 596; 1869 p 140 § 545; RRS § 877.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.410 - Investment in name of clerk.

RCW 7.52.410
Investment in name of clerk.
When the security for the proceeds of sale is taken, or when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court and his or her successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.
[ 2011 c 336 § 230; Code 1881 § 592; 1877 p 123 § 597; 1869 p 141 § 546; RRS § 878.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.420 - Securities to parties entitled to share when proportions determined.

RCW 7.52.420
Securities to parties entitled to share when proportions determined.
When security is taken by the referees on a sale, and the parties interested in such security by an instrument in writing under their hands, delivered to the referees, agree upon the share and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities shall be taken in the names of and payable to the parties respectively entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.
[Code 1881 § 593; 1877 p 123 § 598; 1869 p 141 § 547; RRS § 879.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.430 - Duties of clerk in making investments.

RCW 7.52.430
Duties of clerk in making investments.
The clerk in whose name a security is taken, or by whom an investment is made, and his or her successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct, and shall file in his or her office all securities taken and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and moneys received by him or her thereon, and the disposition thereof.
[ 2011 c 336 § 231; Code 1881 § 594; 1877 p 123 § 599; 1869 p 141 § 548; RRS § 880.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.440 - Unequal partition—Compensation adjudged.

RCW 7.52.440
Unequal partition—Compensation adjudged.
When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, the court may adjudge compensation to be made by one party to another on account of the inequality of partition; but such compensation shall not be required to be made to others by owners unknown, nor by infants, unless in case of an infant it appear that he or she has personal property sufficient for that purpose, and that his or her interest will be promoted thereby.
[ 2011 c 336 § 232; Code 1881 § 595; 1877 p 124 § 600; 1869 p 141 § 549; RRS § 881.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.450 - Infant's share of proceeds to guardian.

RCW 7.52.450
Infant's share of proceeds to guardian.
When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale, to his or her general guardian, or the special guardian appointed for him or her in the suit, upon giving the security required by law, or directed by order of the court.
[ 2011 c 336 § 233; Code 1881 § 596; 1877 p 124 § 601; 1869 p 142 § 550; RRS § 882.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.460 - Guardian or limited guardian of incompetent or disabled person may receive proceeds—Bond.

RCW 7.52.460
Guardian or limited guardian of incompetent or disabled person may receive proceeds—Bond.
The guardian or limited guardian who may be entitled to the custody and management of the estate of an incompetent or disabled person adjudged incapable of conducting his or her own affairs, whose interest in real property shall have been sold, may receive in behalf of such person his or her share of the proceeds of such real property from the referees, on executing a bond with sufficient sureties, approved by the judge of the court, conditioned that he or she faithfully discharge the trust reposed in him or her, and will render a true and just account to the person entitled, or to his or her legal representative.
[ 2011 c 336 § 234; 1977 ex.s. c 80 § 9; Code 1881 § 597; 1877 p 124 § 602; 1869 p 142 § 551; RRS § 883.]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.470 - Guardian or limited guardian may consent to partition.

RCW 7.52.470
Guardian or limited guardian may consent to partition.
The general guardian of an infant, and the guardian or limited guardian entitled to the custody and management of the estate of an incompetent or disabled person adjudged incapable of conducting his or her own affairs, who is interested in real estate held in common or in any other manner, so as to authorize his or her being made a party to an action for the partition thereof, may consent to a partition without suit and agree upon the share to be set off to such infant or other person entitled, and may execute a release in his or her behalf to the owners of the shares or parts to which they may respectively be entitled, and upon an order of the court.
[ 2011 c 336 § 235; 1977 ex.s. c 80 § 10; Code 1881 § 598; 1877 p 124 § 603; 1869 p 142 § 552; RRS § 884.]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.52 - Partition. › 7.52.480 - Apportionment of costs.

RCW 7.52.480
Apportionment of costs.
The cost of partition, including fees of referees and other disbursements including reasonable attorney fees to be fixed by the court and in case the land is ordered sold, costs of an abstract of title, shall be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the decree. In that case there shall be a lien on the several shares, and the decree may be enforced by execution against the parties separately. When, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
[ 1923 c 9 § 1; Code 1881 § 599; 1877 p 124 § 604; 1869 p 142 § 553; RRS § 885.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.010 - Definitions.

RCW 7.54.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4) "Determination of value" means a court order determining the fair market value of heirs property under RCW 7.54.040 or 7.54.080 or adopting the valuation of the property agreed to by all cotenants.
(5) "Heirs property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
(a) There is no agreement in a record binding all the cotenants which governs the partition of the property;
(b) One or more of the cotenants acquired title from a relative, whether living or deceased; and
(c) Any of the following applies:
(i) Twenty percent or more of the interests are held by cotenants who are relatives;
(ii) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) Twenty percent or more of the cotenants are relatives.
(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open market sale conducted under RCW 7.54.080.
(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state.
[ 2023 c 6 § 102.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.020 - Service—Notice by posting.

RCW 7.54.020
Service—Notice by posting.
(1) This chapter does not limit or affect the method by which service of a complaint in a partition action may be made.
(2) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
[ 2023 c 6 § 104.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.030 - Referees.

RCW 7.54.030
Referees.
If the court appoints referees pursuant to chapter 7.52 RCW, each referee, in addition to the requirements and disqualifications applicable to referees in chapter 7.52 RCW, must be disinterested and impartial and not a party to or a participant in the action.
[ 2023 c 6 § 105.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.040 - Determination of value.

RCW 7.54.040
Determination of value.
(1) Except as otherwise provided in subsections (2) and (3) of this section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4) of this section.
(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(5) If an appraisal is conducted pursuant to subsection (4) of this section, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(a) The appraised fair market value of the property;
(b) That the appraisal is available at the clerk's office; and
(c) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(6) If an appraisal is filed with the court pursuant to subsection (4) of this section, the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (5) of this section, whether or not an objection to the appraisal is filed under subsection (5)(c) of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(7) After a hearing under subsection (6) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
[ 2023 c 6 § 106.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.060 - Partition alternatives.

RCW 7.54.060
Partition alternatives.
(1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to RCW 7.54.050, or if after conclusion of the buyout under RCW 7.54.050, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in RCW 7.54.070, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
(2) If the court does not order partition in kind under subsection (1) of this section, the court shall order partition by sale pursuant to RCW 7.54.080 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(3) If the court orders partition in kind pursuant to subsection (1) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to RCW 7.54.050, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
[ 2023 c 6 § 108.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.070 - Considerations for partition in kind.

RCW 7.54.070
Considerations for partition in kind.
(1) In determining under RCW 7.54.060(1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:
(a) Whether the heirs property practicably can be divided among the cotenants;
(b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(d) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(g) Any other relevant factor.
(2) The court may not consider any one factor in subsection (1) of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
[ 2023 c 6 § 109.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.080 - Open market sale, sealed bids, or auction.

RCW 7.54.080
Open market sale, sealed bids, or auction.
(1) If the court orders a sale of heirs property, the sale must be an open market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(2) If the court orders an open market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(3) If the broker appointed under subsection (2) of this section obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(a) The broker shall comply with the reporting requirements in RCW 7.54.090; and
(b) The sale may be completed in accordance with state law other than this chapter.
(4) If the broker appointed under subsection (2) of this section does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(a) Approve the highest outstanding offer, if any;
(b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(c) Order that the property be sold by sealed bids or at an auction.
(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under chapter 7.52 RCW.
(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
[ 2023 c 6 § 110.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.090 - Report of open market sale.

RCW 7.54.090
Report of open market sale.
(1) Unless required to do so within a shorter time under chapter 7.52 RCW, a broker appointed under RCW 7.54.080(1) to offer heirs property for open market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under RCW 7.54.040 or 7.54.080.
(2) The report required by subsection (1) of this section must contain the following information:
(a) A description of the property to be sold to each buyer;
(b) The name of each buyer;
(c) The proposed purchase price;
(d) The terms and conditions of the proposed sale, including the terms of any owner financing;
(e) The amounts to be paid to lienholders;
(f) A statement of contractual or other arrangements or conditions of the broker's commission; and
(g) Other material facts relevant to the sale.
[ 2023 c 6 § 111.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.100 - Uniformity of application and construction.

RCW 7.54.100
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2023 c 6 § 112.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.110 - Relation to electronic signatures in global and national commerce act.

RCW 7.54.110
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2023 c 6 § 113.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.120 - Application.

RCW 7.54.120
Application.
(1) This chapter applies to partition actions filed on or after July 23, 2023.
(2) In an action to partition real property under chapter 7.52 RCW, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
(3) This chapter supplements chapter 7.52 RCW and, if an action is governed by this chapter, replaces provisions of chapter 7.52 RCW that are inconsistent with this chapter.
[ 2023 c 6 § 103.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.54 - Uniform Partition of Heirs Property Act. › 7.54.900 - Short title.

RCW 7.54.900
Short title.
RCW 7.54.010 through 7.54.120 may be known and cited as the uniform partition of heirs property act.
[ 2023 c 6 § 101.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.010 - Against whom information may be filed.

RCW 7.56.010
Against whom information may be filed.
An information may be filed against any person or corporation in the following cases:
(1) When any person shall usurp, intrude upon, or unlawfully hold or exercise any public office or franchise within the state, or any office in any corporation created by the authority of the state.
(2) When any public officer shall have done or suffered any act, which, by the provisions of law, shall work a forfeiture of his or her office.
(3) When several persons claim to be entitled to the same office or franchise, one information may be filed against any or all such persons in order to try their respective rights to the office or franchise.
(4) When any association or number of persons shall act within this state as a corporation, without being legally incorporated.
(5) Or where any corporation do, or omit acts which amount to a surrender or a forfeiture of their rights and privileges as a corporation, or where they exercise powers not conferred by law.
[ 2011 c 336 § 236; Code 1881 § 702; 1877 p 143 § 706; 1854 p 216 § 468; RRS § 1034.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.020 - Who may file.

RCW 7.56.020
Who may file.
The information may be filed by the prosecuting attorney in the superior court of the proper county, upon his or her own relation, whenever he or she shall deem it his or her duty to do so, or shall be directed by the court or other competent authority, or by any other person on his or her own relation, whenever he or she claims an interest in the office, franchise, or corporation which is the subject of the information.
[ 2011 c 336 § 237; Code 1881 § 703; 1877 p 143 § 707; 1854 p 216 § 469; RRS § 1035.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.030 - Contents of information.

RCW 7.56.030
Contents of information.
The information shall consist of a plain statement of the facts which constitute the grounds of the proceedings, addressed to the court.
[Code 1881 § 704; 1877 p 143 § 708; 1854 p 216 § 470; RRS § 1036.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.040 - Information for usurping office—Requisites—Damages.

RCW 7.56.040
Information for usurping office—Requisites—Damages.
Whenever an information shall be filed against a person for usurping an office, by the prosecuting attorney, he or she shall also set forth therein the name of the person rightfully entitled to the office, with an averment of his or her right thereto; and when filed by any other person he or she shall show his or her interest in the matter, and he or she may claim the damages he or she has sustained.
[ 2011 c 336 § 238; Code 1881 § 705; 1877 p 143 § 709; 1854 p 216 § 471; RRS § 1037.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.050 - Notice—Pleadings—Proceedings.

RCW 7.56.050
Notice—Pleadings—Proceedings.
Whenever an information is filed, a notice signed by the relator shall be served and returned, as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceeding be had as in other cases.
[Code 1881 § 706; 1877 p 144 § 710; 1854 p 217 § 472; RRS § 1038.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.060 - Judgment.

RCW 7.56.060
Judgment.
In every case wherein the right to an office is contested, judgment shall be rendered upon the rights of the parties, and for the damages the relator may show himself or herself entitled to, if any, at the time of the judgment.
[ 2011 c 336 § 239; Code 1881 § 707; 1877 p 144 § 711; 1854 p 217 § 473; RRS § 1039.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.56 - Quo Warranto. › 7.56.070 - Judgment for relator—Ouster of defendant.

RCW 7.56.070
Judgment for relator—Ouster of defendant.
If judgment be rendered in favor of the relator, he or she shall proceed to exercise the functions of the office, after he or she has been qualified as required by law, and the court shall order the defendant to deliver over all books and papers in his or her custody or within his or her power, belonging to the office from which he or she has been ousted.
[ 2011 c 336 § 240; Code 1881 § 708; 1877 p 144 § 712; 1854 p 217 § 474; RRS § 1040.]