[WSBARP] Partition of personal property

[Eric Nelsen]

I think you are right, it's a proceeding in equity, but with no real property involved, I can't figure out what the case theory would be. It's kind of a hybrid of declaratory judgment, quiet title, and replevin, and the remedy you want might dictate which one you emphasize.

RCW 7.24.080 allows further relief along with declaratory judgment. Maybe a declaration confirming ownership rights, award sole possession and ownership to one party upon their payment of $X to the other? Or judgment decreeing sale and division of proceeds, as you say.

RCW 7.28.310 and .320 allow a quiet title to personal property, and if I remember correctly, adverse possession of personal property is effectively 3 years, because an action for replevin of property in the possession of another is 3 years. So if you hold onto personal property for 3 years, the rights of a co-owner basically expire (though may it also requires "ouster" analogous to real property).


Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Friday, February 13, 2026 3:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Partition of personal property

Listmates, I have a client wishing to partition a jointly owned Tiny Home.    Not associated with any real property and has wheels so definitely Personal property The statute appears to only apply to real property.  Is this just a case in equity  seeking sale and division of proceeds?  Thanks is advance.

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
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