Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.52.270 Sales to be by public auction.
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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 …
RCW 7.52.280 Terms of sale to be directed by court.
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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 contai…
RCW 7.52.290 Referee may take security.
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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;…
RCW 7.52.300 Estate of tenant for life or years may be sold.
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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 …
RCW 7.52.310 Tenant for life or years may receive sum in gross—Consent.
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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 t…
RCW 7.52.320 Court to determine sum if consent not given.
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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 enti…
RCW 7.52.330 Protection of unknown tenant.
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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 s 584; 1877 p 122 s 589; 1869 p 139 s 538; RRS s 870.]
RCW 7.52.340 Contingent or vested estates.
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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 procee…
RCW 7.52.350 Terms of sale must be made known.
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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 s 586; 1877 p 122 s 591; 1869 p 140 s 540; RRS s 872.]
RCW 7.52.360 Referees or guardians not to be interested in purchase.
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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…
RCW 7.52.370 Referees' report of sale—Contents.
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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. T…
RCW 7.52.380 Exceptions—Confirmation.
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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 s 589; 1877 p 123 s 594; 18…
RCW 7.52.390 Purchase by interested party.
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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 s 229; Code 1881 …
RCW 7.52.400 Investment of proceeds of unknown owner.
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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 …
RCW 7.52.410 Investment in name of clerk.
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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 benef…
RCW 7.52.420 Securities to parties entitled to share when proportions determined.
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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 hav…
RCW 7.52.430 Duties of clerk in making investments.
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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 securitie…
RCW 7.52.440 Unequal partition—Compensation adjudged.
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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 parti…
RCW 7.52.450 Infant's share of proceeds to guardian.
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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.[ 2…
RCW 7.52.460 Guardian or limited guardian of incompetent or disabled person may receive proceeds—Bond.
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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 perso…
RCW 7.52.470 Guardian or limited guardian may consent to partition.
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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 oth…
RCW 7.52.480 Apportionment of costs.
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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 divi…
RCW 7.54.010 Definitions.
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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 …
RCW 7.54.020 Service—Notice by posting.
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(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 plaintif…
RCW 7.54.030 Referees.
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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 s 105.]
RCW 7.54.040 Determination of value.
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(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…
RCW 7.54.050 Cotenant buyout.
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(1) If any cotenant requested partition by sale, after the determination of value under RCW 7.54.040, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partitio…
RCW 7.54.060 Partition alternatives.
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(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 partit…
RCW 7.54.070 Considerations for partition in kind.
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(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…
RCW 7.54.080 Open market sale, sealed bids, or auction.
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(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 mark…
RCW 7.54.090 Report of open market sale.
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(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 l…
RCW 7.54.100 Uniformity of application and construction.
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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 s 112.]
RCW 7.54.110 Relation to electronic signatures in global and national commerce act.
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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 no…
RCW 7.54.120 Application.
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(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 pro…
RCW 7.54.900 Short title.
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RCW 7.54.010 through 7.54.120 may be known and cited as the uniform partition of heirs property act.[ 2023 c 6 s 101.]
RCW 7.56.010 Against whom information may be filed.
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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 sta…
RCW 7.56.020 Who may file.
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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 …
RCW 7.56.030 Contents of information.
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The information shall consist of a plain statement of the facts which constitute the grounds of the proceedings, addressed to the court.[Code 1881 s 704; 1877 p 143 s 708; 1854 p 216 s 470; RRS s 1036.]
RCW 7.56.040 Information for usurping office—Requisites—Damages.
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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 …
RCW 7.56.050 Notice—Pleadings—Proceedings.
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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 s 706; 1877 p 144 s 710; 1854 p 217 s 472; R…
RCW 7.56.060 Judgment.
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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 s 239; Code 1881 s 707; 1877 p 144 s 711…
RCW 7.56.070 Judgment for relator—Ouster of defendant.
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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 hi…
RCW 7.56.080 Delivery of books and papers—Enforcement of order.
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If the defendant shall refuse or neglect to deliver over the books and papers pursuant to the order, the court or judge thereof shall enforce the order by attachment and imprisonment.[Code 1881 s 709; 1877 p 144 s 713; 1854 p 217 s 475; RRS s 1041.]
RCW 7.56.090 Action for damages—Limitation.
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When judgment is rendered in favor of the plaintiff, he or she may, if he or she has not claimed his or her damages in the information, have his or her action for the damages at any time within one year after the judgment.[ 2011 c 336 s 241; Code 1881 s 710; 1877 p 144 s 714; 185…
RCW 7.56.100 Judgment of ouster or forfeiture.
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Whenever any defendant shall be found guilty of any usurpation of or intrusion into, or unlawfully exercising any office or franchise within this state, or any office in any corporation created by the authority of this state, or when any public officer thus charged shall be found…
RCW 7.56.110 Judgment against corporation—Costs—Receivership.
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If judgment be rendered against any corporation or against any persons claiming to be a corporation, the court may cause the costs to be collected by executions against the persons claiming to be a corporation or by attachment against the directors or other officers of the corpor…
RCW 7.56.120 Action to recover forfeited property.
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Whenever any property shall be forfeited to the state for its use, the legal title shall be deemed to be in the state from the time of the forfeiture, and an information may be filed by the prosecuting attorney in the superior court for the recovery of the property, alleging the …
RCW 7.56.130 Costs.
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When an information is filed by the prosecuting attorney, he or she shall not be liable for the costs, but when it is filed upon the relation of a private person such person shall be liable for costs unless the same are adjudged against the defendant.[ 2011 c 336 s 243; Code 1881…
RCW 7.56.140 Information to annul patent, certificate, or deed.
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An information may be prosecuted for the purpose of annulling or vacating any letters patent, certificate, or deed, granted by the proper authorities of this state, when there is reason to believe that the same were obtained by fraud or through mistake or ignorance of a material …
RCW 7.56.150 Proceedings to annul.
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In such cases, the information may be filed by the prosecuting attorney upon his or her relation, or by any private person upon his or her relation showing his or her interest in the subject matter; and the subsequent proceedings, judgment of the court and awarding of costs, shal…