Washington § 7.54.070 - Considerations for partition in kind.

Full text of Washington Revised Code of Washington § 7.54.070 — Considerations for partition in kind., with citation guidance and answers to common questions.

§ 7.54.070. Considerations for partition in kind.

(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 apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(d) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(g) Any other relevant factor.
(2) The court may not consider any one factor in subsection (1) of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
[ 2023 c 6 s 109.]

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Frequently Asked Questions About Washington § 7.54.070

What does Revised Code of Washington § 7.54.070 cover?

Section 7.54.070 ("Considerations for partition in kind.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 7.54.070?

A common citation format is "Revised Code of Washington § 7.54.070" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 7.54.070 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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