Detailed Answer — How a partition action works in Oregon

When two or more people own the same parcel of real property and they cannot agree about using, dividing, or selling it, any co-owner may ask the Oregon circuit court to divide the property or order its sale. Oregon’s rules for partition actions are part of the state’s real actions law; the relevant provisions are in Oregon Revised Statutes chapter 105. For the chapter overview, see: ORS Chapter 105 (Real Actions).

Step-by-step: initiating a partition action

1. Confirm who owns what. Check the deed and the county land records to learn whether the property is held as tenants in common, joint tenants, community property (if applicable), or another form. That determines ownership shares and how title passes on death. If you lack a copy of the deed, request a certified copy from the county recorder’s office.
2. Try to resolve the dispute first. Courts expect parties to attempt settlement before filing suit. Common options include one co-owner buying out the others, mediating a use agreement, or agreeing to a private sale and split of proceeds. Keep a written record of settlement attempts.
3. Prepare and file a complaint for partition in the county circuit court where the property sits. The complaint should identify the property with a legal description, name all co-owners and any known lienholders or parties with an interest, state each plaintiff’s interest, and clearly ask the court to partition the property in kind (divide the land) or, if that is impracticable, order a sale and divide the proceeds. Because partition actions affect title, you must join all persons with an ownership interest or recorded liens so the court can resolve all claims.
4. Serve all interested parties and protect the property interest. After filing, deliver court process (service of summons and complaint) to each co-owner and recorded lienholder according to Oregon civil procedure rules. Plaintiffs often record a notice of pendency (lis pendens) in the county’s real property records to warn potential buyers or lenders that the property is subject to a pending partition action.
5. Ask the court for the type of relief you want: partition in kind or sale. Oregon courts prefer partition in kind (physically dividing the land) when it can be done fairly and without harming value. If physical division is impracticable or would substantially reduce value, the court may order partition by sale and direct how the sale should proceed. Give the court evidence about physical layout, access, lot sizes, zoning, and marketability to support your requested method.
6. Court appoints a commissioner or referee to handle division or sale. If the court orders partition in kind, it may appoint a commissioner (sometimes called a referee) to survey, map, and oversee the division. If it orders sale, the court will set procedures for sale (public auction or private sale) and appoint an officer to conduct the sale. The commissioner reports back to the court with a plan and accounting.
7. Accounting and distribution of proceeds. If the court orders sale, sale proceeds pay costs of the action, the costs of sale, and any liens (mortgages, judgments, tax liens) according to priority. Remaining net proceeds split among co-owners according to ownership shares, subject to any court-ordered credits for contributions (for example, a co-owner who paid mortgage payments, taxes, or made improvements may seek an appropriate credit or lien). The court resolves disputes about credits and offsets as part of the accounting process.
8. Possible appeals and timing. Partition proceedings can take several months to over a year, depending on complexity, title disputes, necessary surveys, and whether parties appeal. Appeals extend the timeline and add cost.

Who the court will join and notify

The court must join all persons who have an ownership interest or a recorded lien that could affect title. That includes co-owners, recorded mortgage lenders, judgment creditors whose liens are recorded, and sometimes heirs or successors whose rights might affect partition. Failing to include known interested parties can delay or complicate the case.

Practical considerations and common issues

• Partition in kind is preferred when the parcel can be fairly divided without harming value or access.
• When division is impracticable, a sale may net more value and the court will direct an orderly sale and distribution.
• A co-owner who thinks the sale undervalues the property can challenge the sale procedure or request a higher price, but courts usually defer to commercially reasonable sale methods approved in advance.
• Costs: filing fees, survey and appraisal fees, commissioner costs, and attorney fees. Oregon courts may award attorney fees in limited circumstances; otherwise each party typically pays their own attorney unless there is a statutory basis or a contract providing otherwise.

For the statutory framework on partition and related procedures, see Oregon’s real actions chapter: ORS Chapter 105 (Real Actions).

Sample documents and evidence to gather before filing

• Recorded deed(s) showing ownership and legal description.
• Title report or preliminary title commitment (if available).
• Mortgage and lien information (recorded judgments, tax liens).
• Property tax bills and records of payments.
• Records of improvements, repairs, and payments made by co-owners (receipts, bank records).
• Maps, surveys, or site plans if available.
• Communications documenting attempts to resolve the dispute (emails, letters, mediation notes).

When to get legal help

If the ownership, liens, or valuation are disputed, or if the case involves multiple owners or complex easements and access issues, consult an attorney licensed in Oregon who handles real property litigation. An attorney can prepare the complaint, make sure all necessary parties are joined, arrange a lis pendens, manage surveys and appraisals, and represent you at hearings.

Important: This answer explains the general process for partition actions in Oregon. It does not replace legal advice tailored to your facts.

Helpful Hints

• Always check the deed and county records first to confirm the ownership type and recorded liens.
• Try a written buyout offer or mediation before filing suit — courts look favorably on reasonable settlement efforts.
• Record a notice of pendency (lis pendens) after filing to protect the property from third-party transfers during the litigation.
• Obtain at least one independent appraisal early to support whether partition in kind is feasible or whether sale better protects value.
• Keep careful records of payments you make for mortgage, taxes, insurance, and improvements — the court may credit those payments at distribution.
• Expect the court to require a survey if a precise division in kind is requested; surveys add cost and time but are often necessary.
• Be prepared for the court to appoint a commissioner to handle practical steps such as dividing plots or conducting a sale.
• Ask your attorney about options to recover attorney fees — Oregon law only permits fee awards in limited situations or by contract.

Disclaimer: This information is educational and general in nature. It is not legal advice. For advice about your specific situation, consult a licensed Oregon attorney.