Revised Code of Washington - RCW Title 7 Special Proceedings And Actions - Chapter 7.52 Partition

7.52.010 Persons entitled to bring action
When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate ...

7.52.020 Requisites of complaint
The interest of all persons in the property shall be set forth in the complaint specifically and particularly as far as known to the plaintiff, ...

7.52.030 Lien creditors as parties defendant
The plaintiff may, at his option, make creditors having a lien upon the property or any portion thereof, other than by a judgment or decree, ...

7.52.040 Notice
The notice shall be directed by name to all the tenants in common, who are known, and in the same manner to all lien creditors ...

7.52.050 Service by publication
If a party, having a share or interest in, or lien upon the property, be unknown, or either of the known parties reside out of ...

7.52.060 Answer -- Contents
The defendant shall set forth in his answer, the nature, and extent of his interest in the property, and if he be a lien creditor, ...

7.52.070 Trial -- Proof must be taken
The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined in such suit, and where a ...

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 ...

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, ...

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 ...

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 ...

7.52.120 Costs
The expenses of the referees, including those of a surveyor and his assistants, when employed, shall be ascertained and allowed by the court, and the ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

7.52.390 Purchase by interested party
When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a ...

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, ...

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 ...

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, ...

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 successors in office, shall receive the interest ...

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 ...

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 general ...

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 ...

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 ...

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 ...