Revised Code of Washington
Wash. Rev. Code § 7.52.440 (2026)
Unequal partition—Compensation adjudged
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1993–2024 · leading case: FTR Farms v. Rist Farm, 305 Neb. 708 (Neb. 2020).
FTR Farms v. Rist Farm, 305 Neb. 708 (Neb. 2020). “01-83 (2015); Wash. Rev. Code § 7.52.440 (2017). 23 See, Harris v.”
Matter of Marriage of Wintermute, 855 P.2d 1186 (Wash. Ct. App. 1993). “5 RCW 7.52.440 "Unequal partition — Compensation adjudged", provides, in part, as fohows: *745 "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…”
Overlake Farms B.l.k. Iii Llc, App. v. Bellevue-overlake Farm, Llc, Resp., 196 Wash. App. 929 (Wash. Ct. App. 2016). “RCW 7.52.440 (emphasis added). ¶28 Thus, there are two kinds of prejudice, but only one kind forces a partition by sale.”
Catherine Stotzky, Res/cross-app. v. Fabienne L. Riggers, App/cross-res. (Wash. Ct. App. 2019). “”21 First, Fabienne asserts that the trial court should not have considered any amounts other than “the amounts [Fabienne and Stotzky each] paid as the down payment and principal reductions on the mortgage.”
Charles E. Bradley, Jr. v. Brian Patrick Reynolds (Wash. Ct. App. 2021). “Here, the dissolution decree awarded Leslie Reynolds, as separate property, the family home, subject to a lien to Brian Reynolds of $342,115 bearing a six percent interest rate per year. The lien is an owelty lien.”
Willis Marvin Lamb, Jr. v. Donna L. Crider (Wash. Ct. App. 2024). “” RCW 7.52.440. Here, the trial court did not apply the wrong legal standard when it confirmed the referee’s report.”
Denise E. Ferry v. Robert L. Evans (Wash. Ct. App. 2014). “Robert asserts that the court could remedy this inequality by ordering compensation to the party or parties who receive a lesser share.”
Am. Pension Servs., Inc., Appellant/cr-respondent v. Thomas Barth, Respondent/cr-appellants (Wash. Ct. App. 2015). “However, Washington case law holds that owelty liens are more limited in scope than judgment liens, and attach only to property at issue in the partition, which, in this case, was the former family home.”
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