Can a consent order be used to skip the court hearing and distribute the sale money by agreement?

Disclaimer: This is general information, not legal advice. I am not a lawyer. If you have a specific case, consult a licensed Oregon attorney about your facts.

Short answer

Yes — in many civil disputes in Oregon, parties can ask the court to enter a consent order or stipulated judgment that sets out how sale proceeds should be distributed, and courts will often enter such an order without an oral hearing if the parties provide a proper written agreement and any required notice. However, some types of sales and some circumstances require court confirmation or statutory procedures (for example, probate matters, partition sales, sales affecting minors or incapacitated persons, or certain sheriff/foreclosure/distribution procedures). In those situations a hearing or additional court approval is often required.

How courts treat consent orders in Oregon

Oregon courts regularly enter judgments and orders based on the parties’ written agreements (sometimes called stipulations, consent orders, or stipulated judgments). The Oregon Rules of Civil Procedure and local court rules allow parties to file a proposed stipulated order and ask the judge to sign it. The court reviews the proposed order to ensure it complies with law, protects required parties, and resolves the issues before it. If the court is satisfied, it can sign the order without scheduling an oral hearing.

Practical implications:

The court will not approve a stipulated order that violates statute or public policy.
A consent order binds only the parties to the case and anyone who had notice and opportunity to participate.
Some statutes require specific forms, notices, or hearings before sale proceeds can be distributed. The court must follow those statutory procedures even if the parties agree otherwise.

Common situations where a consent order can usually skip a hearing

Two private litigants settle distribution of sale proceeds after a private sale of jointly owned property and submit a stipulated order asking the court to enter judgment distributing funds.
Parties in a civil case reach a settlement and present a proposed consent judgment that allocates proceeds from a sale tied to the case.
Cases where all necessary parties have been given proper notice and no statute requires a confirmation hearing.

Common situations that often require a hearing or additional court action

Probate sales: sales of estate property often involve additional statutory protections. A personal representative sometimes must seek court confirmation for sale or distribution depending on the authority granted in the will or by statute. See ORS Chapter 111 for probate rules and requirements.
Partition sales: sales made under a court-ordered partition (ORS chapter 105) may require a referee’s report and court confirmation of sale and distribution.
Sales affecting minors or protected persons: courts will protect the interests of minors or incapacitated persons and usually require a hearing and additional procedures before approving distributions that affect them.
Foreclosure and sheriff’s sale proceeds: statutory priorities for liens, judgments, fees, and expenses often control how sale proceeds are distributed and sometimes require court accounting or confirmation.
When non-parties or unknown creditors may have claims: the court will require proper notice and may hold a hearing to resolve objections before authorizing distribution.

What the court will look for before signing a consent order that distributes sale proceeds

Authority of the parties: are the signers authorized to bind the parties and the property interests at issue?
Notice and joinder: have all necessary parties been joined or given proper notice so the court can bind them?
Compliance with statutory priorities: are liens, taxes, and other priority claims addressed?
Clear accounting and distribution language: does the order show exactly how much will be paid to each payee and who will handle disbursement?
Release language and reservation of enforcement jurisdiction: does the order include releases and let the court retain jurisdiction to enforce it?

Steps to try to skip an oral hearing using a consent order in Oregon

Confirm case status and necessary parties. Make sure anyone with a legal interest (recorded lienholders, known creditors, guardians, or trustees) is either joined or properly notified.
Draft a written settlement agreement and a proposed consent order or stipulated judgment that precisely states the distribution of sale proceeds (amounts, payees, timing, and who will hold funds in the interim, if any).
Address lien priorities, taxes, fees, and costs in the proposed order. Attach releases for each distributing party, if appropriate.
File the proposed order with the court, along with any required declarations and proof of notice. In many counties you may file a motion asking the court to enter the order without a hearing (ex parte or stipulated entry), following local rules.
If the judge signs the order, follow the distribution instructions and retain proof of payment in case of later disputes. If the court declines to sign, the judge will typically schedule a hearing where the court can resolve outstanding concerns.

Practical checklist before you rely on a consent order

Check whether the sale was a court-ordered sale (partition, sheriff sale, receiver sale) or a private sale. Court-ordered sales often carry extra requirements.
Identify and resolve liens and tax obligations first.
Confirm that all parties with legal interests received notice or were joined in the case.
Include clear release and indemnity language where appropriate to reduce risk of later claims.
Keep the court’s jurisdiction to enforce the consent order if you want simple remedies for nonpayment.

Relevant Oregon sources and rules

Oregon Rules of Civil Procedure (general rules on pleadings, stipulations, and judgments): see the Oregon Judicial Department rules page: https://www.courts.oregon.gov/rules/Pages/ORCP.aspx
Partition actions (statutory framework for partition and sale): see ORS Chapter 105: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
Probate and estate administration rules (when probate sales and distributions require court action): see ORS Chapter 111: https://www.oregonlegislature.gov/bills_laws/ors/ors111.html

When to consult an attorney

Consult an Oregon attorney if any of the following apply:

Minor or incapacitated persons have an interest in the sale proceeds.
There are unresolved liens, tax claims, or complex priority issues.
The sale was court-ordered (partition, foreclosure, receiver), or the statute appears to require confirmation.
You want to ensure releases and distribution language fully protect your side.
There is a risk of unknown creditors or third-party claims.

Bottom line

Parties can often use a consent order to avoid an oral hearing and have the court enter an agreement that distributes sale proceeds. The court must still ensure the agreement complies with legal requirements and protects the rights of all necessary parties. Where statutes or protections apply — probate, partition, minors, or foreclosure-related distributions — the court may require a hearing or additional steps. If you plan to use a consent order to distribute sale money, confirm statutory requirements and the status of any liens, provide proof of notice to required parties, and consider getting legal advice to draft a durable consent order.