Detailed answer — short version

Yes. In Oregon, co‑owners or heirs who cannot agree about property can ask a court to partition the property. A partition action can result in either a physical division (partition in kind) or a court‑ordered sale with proceeds divided among owners. Court approval can force a sale even if some heirs refuse mediation or refuse to sign sale documents. The governing law for partition actions is in Oregon’s statutes on partition (ORS Chapter 105). See the text of ORS Chapter 105: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html.

How partition actions work under Oregon law

A partition action is the usual legal tool when co‑owners (including heirs who inherit a decedent’s real property) disagree about selling or dividing property. The main points to understand:

• Who may file: Any owner with a legal interest in the property can file a complaint for partition in the county circuit court where the property lies.
• Two main outcomes: The court first considers whether the property can be physically divided between owners (partition in kind). If dividing the land is impractical or would harm the property’s value, the court will order a sale and divide proceeds among owners.
• Mandatory sale: If the court finds partition in kind is impracticable or inequitable, it may order sale even over an owner’s objection.
• Appointment of officer: The court often appoints a referee, commissioner, or other officer to manage the sale and distribution of proceeds.

When will a court order a sale rather than division?

The court weighs practical realities. Common reasons a court will order sale include:

• The parcel cannot be fairly divided without materially reducing value (for example, a single family home on one lot).
• Physical features or improvements make in‑kind division impossible or inequitable.
• The number or nature of co‑owners makes division impractical (many small fractional interests).
• Division would require multiple titles or leave owners with nonviable parcels.

Oregon’s partition statutes allow the court broad discretion to choose the remedy that is fair and practical. See ORS Chapter 105: ORS Chapter 105.

Practical steps to force a sale in Oregon

1. Try to negotiate and document offers: Courts prefer that parties attempt settlement. Offer a buyout or propose terms in writing.
2. Demand partition in writing: Send a clear written demand to co‑owners. Keep proof of delivery.
3. File a partition complaint in circuit court: If negotiations fail, file a Complaint for Partition in the county where the property is located. The court will serve all interested parties (heirs, lienholders, titleholders).
4. Discovery and valuation: Parties may exchange information, obtain appraisals, and present evidence about whether in‑kind division is feasible.
5. Court hearing and order: The court will decide whether to divide or sell. If sale is ordered, the court issues instructions about sale method (private sale with court approval or public auction) and appoints a commissioner/referee if needed.
6. Sale and distribution: The appointed officer sells the property pursuant to court order and the court approves distribution of net proceeds among owners according to their interests, after costs and liens are paid.

What if the property is in probate or owned by an estate?

When title is in a decedent’s estate, the personal representative or administrator may have authority to sell estate property for administration, but often the court must authorize sales of real property during probate. If heirs disagree, a personal representative can petition the probate court for authority to sell. If the probate process cannot resolve the dispute, heirs (or others with an interest) may also bring a partition action after title vests or as allowed by probate rules. Because probate sales and partition actions follow different procedures, consult court rules or an attorney.

Costs, timing, and risks

• Costs: Court costs, attorney fees, appraisal fees, sale expenses, and commission/fees for a court‑appointed officer reduce the net proceeds.
• Timing: A contested partition can take several months to over a year depending on complexity, court backlog, and appeals.
• Risks: Litigation can be costly and may reduce the eventual distribution if the property must be sold under time pressure or at auction. The court may also award unequal shares if liens or prior agreements exist.

Alternatives to litigation

• Buyout: One heir purchases other owners’ interests for fair market value stated in a written agreement.
• Private sale by agreement: Heirs agree on listing and sale terms and split proceeds per ownership shares.
• Mediation or neutral appraisal: Even if one heir initially refuses mediation, a mediator or neutral valuation may change positions. Courts often encourage mediation but do not require it to permit filing a partition action.

How to prepare before filing

Gather these documents and information to strengthen a case or settlement position:

• Title documents and deed(s).
• Probate paperwork if property is part of an estate.
• Mortgage, lien, tax, and utility records.
• Recent appraisal(s) or comparable sales data.
• Any written agreements among co‑owners (buy‑sell agreements, wills, trust documents).

Helpful Hints

• Document everything: Put offers and communications in writing and keep delivery proof.
• Get a professional appraisal early: A neutral valuation helps court and settlement talks.
• Consider a buyout: A narrow cash buyout often costs less than litigation and preserves value.
• Check title for liens: Payoff obligations can affect the net proceeds and owner priorities.
• Talk to an attorney: An attorney can explain court forms, likely outcomes, and local court practices. If cost is a concern, check local legal aid or the Oregon State Bar referral services.
• Expect delays and costs: Even “straightforward” partition actions involve time and expense—plan accordingly.
• If the property is in probate, ask the probate clerk or consult probate rules: sale authority procedures differ from partition actions.

Where to find more information

Oregon statutes on partition (Chapter 105): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html

Oregon Judicial Department — self help and civil court resources: https://www.courts.oregon.gov/help/Pages/index.aspx

Final takeaway

If heirs refuse mediation or won’t sign, you are not without remedies. Oregon law allows a court to force a sale through a partition action when parties cannot agree. However, litigation carries costs and risks. Try negotiation or buyout first. If that fails, filing a partition complaint starts the court process that can produce a sale and distribution of proceeds.

Disclaimer: This article explains general legal principles and Oregon statutes in plain language. It is not legal advice, does not create an attorney‑client relationship, and may not cover all facts or exceptions that apply to a particular situation. For advice about your specific case, consult a licensed Oregon attorney or the court self‑help resources linked above.