Wash. Rev. Code » Title 7 · Chapter 7.52
Revised Code of Washington

Wash. Rev. Code § 7.52.010 (2026)

Persons entitled to bring action

✓ current as of May 2026
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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 of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof, according to the respective rights of the persons interested therein, and for sale of such property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners.
[Code 1881 s 552; 1877 p 117 s 557; 1869 p 133 s 505; RRS s 838.]
Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1967–2024 · leading case: Friend v. Friend, 964 P.2d 1219 (Wash. Ct. App. 1998).
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Friend v. Friend, 964 P.2d 1219 (Wash. Ct. App. 1998). · cites it 3× “Friend appeals, arguing that he has an absolute right to a partition in kind under RCW 7.52.010. We agree that Friend has a right to partition, but hold that partition may be in kind or by sale.”
Kelsey v. Kelsey, 317 P.3d 1096 (Wash. Ct. App. 2014). · cites it 2× “¶21 RCW 7.52.010 states, “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 of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof.”
Smale v. Noretep, 208 P.3d 1180 (Wash. Ct. App. 2009). · cites it 2× “[11] See RCW 7.52.010; see also Schultheis v. Schultheis, 36 Wash.”
Smale v. Noretep, 150 Wash. App. 476 (Wash. Ct. App. 2009). · cites it 2× “See RCW 7.52.010; see also Sehultheis v. Schultheis, 36 Wn.”
Price v. Price, 301 P.3d 486 (Wash. Ct. App. 2013). “080(8); see also RCW 7.52.010. The superior court was on notice that Veronica claimed an interest in the property, both when it received William and Susan’s initial petition for a temporary antiharassment protection order and when it held its August 19 hearing before entering…”
Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 901 P.2d 1060 (Wash. Ct. App. 1995). “RCW 7.52.010; Margat v. Fierce, 35 *226 Wn.”
Schultheis v. Schultheis, 675 P.2d 634 (Wash. Ct. App. 1984). “RCW 7.52.010 provides: 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 of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof,…”
Hegewald v. Neal, 582 P.2d 529 (Wash. Ct. App. 1978). “*519 This is a partition action brought pursuant to RCW 7.52.010. The property was originally homesteaded by ancestors of the St.”
Clallam Cnty. v. Folk, 922 P.2d 73 (Wash. 1996). “Thus, Respondent cannot prevent partition solely on the basis that she is a tenant-in-common with the right to protect the "common title.”
In Re Foreclosure of Liens, 922 P.2d 73 (Wash. 1996). “Thus, Respondent cannot prevent partition solely on the basis that she is a tenant-in-common with the right to protect the "common title.”
Carson v. Willstadter, 830 P.2d 676 (Wash. Ct. App. 1992). “RCW 7.52.010. The court may appoint three referees to determine the rights of the owners.”
Carter v. Weowna Beach Cmty. Corp., 429 P.2d 201 (Wash. 1967). “*502 The plaintiffs next contend that the trial court erred in not granting partition by sale of the property.”
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