"PARTITION" is an action where the court divides real property between owners, usually by selling the property and dividing the proceeds of the sale, after the expenses have been paid. Although we have handled cases where the partition was between siblings, or even friends, the most common scenario we see is where an unmarried, intimate couple ends their relationship but cannot agree on what to do with the real estate they own. The dissolution (divorce) statute does not apply since the parties are not married. It is, essentially, a “real estate divorce”. Frequently, we see situations where both parties contributed to the payment of the loan on the property, but only one person was named on the loan. These are complicated and emotional disputes where each side benefits from consulting with a knowledgeable real estate attorney. Our experience with these cases can get you through this difficult time with practical advice and guidance. Sometimes, restraining orders are sought in these cases. Our firm has experience in both seeking and opposing those requested orders.
Occasionally our clients require the protection of the courts due to alarming conduct from a neighbor, acquaintance, or other person they may or may not know. Washington state law allows for a variety of different orders protecting petitioners, as well as victims of crimes. These various orders include civil antiharassment orders, stalking orders, no-contact orders, and domestic violence protection orders, just to name a few. A civil antiharassment order is a common way for a person to petition the courts for protection from a person who is not a family member. For an antiharassment order to be granted, a petitioner must establish that the course of conduct of another (the “respondent”) is abusive, threatening, exploitive or seriously alarming. Depending on the facts of the case, a civil antiharassment petition will need to be filed in either District Court, or Superior Court.