Overlake Farms B.l.k. Iii Llc, App. v. Bellevue-overlake Farm, Llc, Resp.

Trickey, A.C.J.

¶1 Two related families, the Kapelas and the Sferras, own a large undeveloped property in Bellevue, Washington, as tenants in common. The Kapelas, who had sought to partition the property in kind, appeal from the trial court’s order to partition by sale.

¶2 Unless a partition in kind will cause great prejudice to the owners, the court may not order a partition by sale. Because the trial court ordered a partition by sale based on prejudice to one owner, not the owners, we reverse.

FACTS

¶3 Army and Betty Seijas purchased a 60-acre farm in Bellevue in 1947. The Seijases had two…