Disclaimer: I am not a lawyer. This page provides general information about Oregon law and does not constitute legal advice. For advice about your specific situation, consult a licensed Oregon attorney.
What the law allows: forcing a sale when co‑owners disagree
When people own real property together in Oregon (for example, family members who inherited a house), each co‑owner has a legal right to seek a judicial partition. A partition action asks the court to divide the property among owners or, when division is not practical, to order a sale and split the proceeds. Oregon’s rules for partition actions are set out in the Oregon Revised Statutes (ORS) Chapter 105. See ORS chapter 105 for the statutory framework: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html.
Who can start a partition action
Any owner of an undivided interest in real property (commonly a tenant in common) may file a partition action in Oregon circuit court. Joint tenants and tenants in common have different features (for example, joint tenancy often includes rights of survivorship), but either type of co‑ownership can lead to a partition dispute if title shows multiple owners and one or more want out.
What a court can do in a partition action
- Order a partition in kind: divide the land physically among owners when a fair division is feasible (more common with large parcels and when the owners’ shares and locations permit).
- Order a partition by sale: if the court finds that dividing the property fairly would be impractical or would materially prejudice the owners, it can order the property sold and the net proceeds distributed among the owners according to their ownership shares.
- Appoint a commissioner or referee to carry out valuation, division, or sale under court supervision.
How the court decides whether to order sale rather than division
The court looks at practical factors: whether the land can be divided without impairing its value, the size and character of the parcel, the number and share of owners, mortgages and liens, and whether division would cause inconvenience or injustice. If physical division would reduce value or is infeasible, the court commonly orders a sale.
What happens after a court orders sale
- Valuation and possible partition in kind are considered first; if sale is required, the court or its appointed commissioner will arrange for marketing and sale, usually by public auction or private sale under court supervision.
- Proceeds pay liens, mortgages, taxes, sale expenses, and court costs; remaining net proceeds are divided according to each owner’s legal share.
- The court allocates proceeds after accounting for improvements, contributions to mortgage payments, rents, or waste while the property was co‑owned if parties raise those claims.
Practical steps before filing (try these first)
Filing a partition action is often expensive and can damage family relationships. Try these options before asking the court to force a sale:
- Open a conversation: discuss whether one or more owners can buy out the others at a negotiated price.
- Get an appraisal: a current market valuation helps offers and negotiations.
- Use mediation: a neutral mediator can help find a buyout, sale, or shared plan that avoids litigation.
- Consider temporary arrangements: rental agreements or management plans can provide income while owners sort things out.
Typical timeline and costs
Simple negotiated buyouts can be done in weeks to a few months. A contested partition action in circuit court usually takes several months to over a year depending on complexity, appraisal and sale timing, and appeals. Costs include court fees, attorney fees, appraisal, and sale costs. Those costs are deducted from sale proceeds in the end.
Common complications
- Mortgages, liens, or tax debts reduce what each owner receives.
- Disagreements about ownership percentages (e.g., unequal contributions toward purchase or improvements) can lead to claims and offsetting accounting adjustments.
- Title issues or heirs with competing claims can delay a sale and may require quiet title actions.
How to prepare if you expect to file in Oregon
- Gather the deed, title report, mortgage statements, tax bills, insurance, and evidence of contributions (receipts, canceled checks).
- Get a professional appraisal to support valuation and negotiation.
- Document communications with co‑owners about offers and refusals to sell.
- Consult an Oregon real property or civil litigation attorney to review options and likely outcomes.
Where to find the statute and more information
Oregon’s partition law appears in ORS Chapter 105. For the statutory text and procedure, see: ORS chapter 105 (Oregon Revised Statutes). For practical guidance and court forms, the local county circuit court clerk’s office or an Oregon‑licensed attorney can help explain filing requirements and local practice.
Helpful hints
- Start by asking for an appraisal and an offer in writing; a clear number makes mediation and buyouts easier.
- Consider whether a co‑owner can finance a buyout through refinancing the mortgage; that can avoid court entirely.
- Keep records of any payments you make toward mortgage or repairs—these records can impact how proceeds are divided.
- Be realistic about time and expense: contested partition litigation can reduce the net amount each owner receives.
- Use mediation early. Courts often view settlement efforts positively and mediation can preserve family relationships.
If you want to explore your next steps, an Oregon attorney who handles real property or partition cases can explain the process as applied to your facts and represent your interests in court or settlement. Again, this article is informational and not legal advice.