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 partition; but such compensation shall not be required to be made to others by owners unknown, nor by infants, unless in case of an infant it appear that he or she has personal property sufficient for that purpose, and that his or her interest will be promoted thereby.
RCW 7.52.440
Unequal partition—Compensation adjudged.
Applied in 3 court decisions — leading case 70 Wash. App. 741 - Matter of Marriage of Wintermute (1993)
Most recently applied in FTR Farms v. Rist Farm (May 2020)
2011 c 336 s 232; Code 1881 s 595; 1877 p 124 s 600; 1869 p 141 s 549; RRS s 881.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.