[WSBARP] Partition of personal property

[Tom Westbrook]

Hi Craig, what does your client ultimately want to achieve? Tiny homes are complex. Is this one stationary and hooked up to power , water and septic/sewer? Was it certified by WDOL as to manufacture standards? If it is stationary for use, is it permitted under local regulations? The answers to these questions are important in figuring out what can be done with the home and what the ultimate value may be. I handled a few of these in my last 2 years of practice and not sure you really want to go down this rabbit hole. Happy to talk if you would like.
Cheers, Tom Westbrook
Retired, Emeritus

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Friday, February 13, 2026 3:40:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Partition of personal property


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.



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