Filing a Partition Action to Force Sale of a Deceased Parent's House — Oregon | Oregon Partition Actions

Detailed Answer

This article explains how to force the sale of real property owned by a decedent’s estate or by co-owners using a partition action in Oregon. It summarizes the typical process, who can bring the case, what the court can order, and practical steps you can take. This is educational information only and not legal advice.

Governing law

Oregon law that governs partition actions is found in ORS Chapter 105. See the statute text here: ORS Chapter 105 (Partition). Court forms and local filing rules are available from the Oregon Judicial Department: OJD forms and information.

Who may bring a partition action?

Any co-owner of real property (including tenants in common) can normally file for partition under ORS Chapter 105.
Mortgagees or lienholders with an interest may need to be joined or notified because their rights affect sale proceeds.
If the deceased owner left the property to multiple heirs, any heir who is a current owner (or claims an ownership interest) may seek partition.

First steps you should take

Confirm current ownership. Pull the deed from the county recorder’s office or get a title report. If the deceased owned the property as joint tenants with right of survivorship or as a beneficiary transfer, title may have passed automatically and a partition action may not be necessary.
Check whether the decedent’s estate went through probate. If the estate administrator was appointed and the court transferred title to heirs, that affects who must be joined in a partition.
Gather documents: deed, any wills or probate filings, mortgage statements, tax bills, insurance, and any written agreements among co-owners.
Talk to potential co-owners about options (sale, buyout, or partition). Courts often expect parties to try to settle before seeking forced sale.

Filing a partition action — step by step (typical)

While procedures vary by county, the typical steps in Oregon are:

Prepare a complaint for partition. The complaint identifies the property, states each party’s claimed interest, and asks the court to partition the property in kind or by sale.
Name and serve all necessary parties. That usually includes all co-owners, heirs who claim an interest, holders of recorded liens or mortgages, and other interested parties.
File the complaint in the circuit court of the county where the property lies and pay the filing fee.
After service and any responses, the court may appoint commissioners (sometimes called referees) to examine the property and recommend partition in kind or a sale. For real property that cannot be fairly divided (for example, a single house on one lot), the commissioners frequently recommend a sale.
If the court orders sale, the court or appointed officer will conduct the sale (often by public auction or under terms the court sets). The sale pays liens, costs of sale, court and commissioner fees, and then distributes net proceeds to owners according to their shares, subject to credits for improvements or payments made by particular owners.
The court enters a final decree distributing proceeds and closing the case.

What the court can order and how proceeds are divided

The court can:

Order partition in kind (physically divide the land) when a fair division is practicable.
Order sale of the entire property when division in kind is impractical or would cause undue injury.
Assign credits or charges for improvements, repairs, or mortgage payments one owner made for the benefit of the property.

Distribution of net proceeds generally follows ownership percentages, subject to valid liens and any court-allowed credits or offsets. See ORS Chapter 105 for the framework: ORS Chapter 105.

How probate affects a partition action

If the decedent’s estate is still in probate, the personal representative (executor/administrator) is often the proper party to act for the estate’s real property. If probate is closed and title transferred to heirs, those heirs are the proper parties. Before filing, confirm the estate status at the county probate court and obtain copies of any probate orders or letters of administration.

Timeline and costs

Time: A contested partition can run many months to over a year depending on complexity, service issues, and court scheduling.

Costs: Expect court filing fees, costs for service, fees for commissioners/referees, costs of sale (advertising, auctioneer), and attorney fees if you hire counsel. The court may allocate some costs from sale proceeds.

Common complications to watch for

Missing or unknown heirs — the court requires notice to known claimants and may require publication for unknowns.
Liens, mortgages, or tax obligations that must be paid from sale proceeds.
Title defects that may require quiet title or additional litigation.
Disagreements about contributions, improvements, or occupancy credits among co-owners.

Alternatives to a court-ordered sale

Negotiate a buyout where one owner purchases the others’ shares.
Use mediation to resolve disputes and avoid litigation costs.
Have the estate sell the property during probate and distribute proceeds through probate administration.

Where to get forms and help

Oregon Judicial Department forms and local court rules: OJD forms.
Text of partition statutes: ORS Chapter 105.
Consider consulting a licensed Oregon attorney for case-specific advice, assistance with pleadings, and courtroom representation.

Practical checklist before you file

Obtain a certified copy of the decedent’s death certificate.
Obtain the deed and run a title search or order a title report.
Determine whether probate was opened and locate letters of administration or probate orders.
Collect mortgage, tax, insurance, and utility records for the property.
Identify all people and entities with recorded interests (heirs, mortgagees, judgment creditors).
Consider a pre-filing demand letter offering buyout or mediation.

Closing points

A partition action is the standard Oregon process to force division or sale when co-owners cannot agree. It requires careful attention to title, proper parties, and probate status. The court follows the procedures set out in ORS Chapter 105 when ordering partition or sale: ORS Chapter 105.

Disclaimer

This content is for general informational purposes and educational in nature. It does not constitute legal advice, cannot substitute for an attorney’s review of your particular situation, and does not create an attorney-client relationship. For advice tailored to your facts, consult a licensed Oregon attorney.