What is a court ordered partition?

A court ordered partition is a legal action taken when two or more people own real estate property together and are unable to agree on how the property should be divided. In Washington, a court ordered partition is requested when two or more people are listed as owners on a deed and they cannot come to an agreement on how the property should be divided. The court may order the property to be divided in two or more parts or can order the sale of the property and the proceeds be equally divided among the owners. If the court orders a partition or sale of the property, the court will appoint a referee or special officer to make sure the property is handled properly. The partition of the real estate property may be supervised by the court or may be done by a private third party such as a real estate appraiser or surveyor. A court-ordered partition does not mean that ownership of the property is changed. It simply means that the property will be divided in an equitable manner as determined by the court. A court-ordered partition is a complex legal action and should not be undertaken without first consulting an experienced real estate attorney. It is important to have legal representation because the court must be satisfied that all parties have been treated fairly and that the property has been handled in a respectful and responsible manner.

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