What you need to know about filing a partition lawsuit in Oregon

Short answer: If co-owners of real property in Oregon cannot agree on dividing or selling the property, one or more owners can ask the Oregon circuit court to force a partition. The court will try to divide the property “in kind” when practical, but it can order a sale and divide the proceeds if physical division is not feasible. See Oregon Revised Statutes, Chapter 105 (Partition) for the governing law: ORS Chapter 105 (Partition).

Disclaimer

This article is for general information only and does not constitute legal advice. Consult a licensed Oregon attorney about your specific situation.

Detailed answer: Step-by-step process under Oregon law

1. Confirm who has standing to file

Any person who holds an ownership interest in the real property (joint tenant, tenant in common, or other co-owner) may bring a partition action. You should confirm ownership by reviewing the deed, title insurance policy, or county records. ORS Chapter 105 governs partition actions: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html.

2. Try to resolve the dispute before suing

Courts favor negotiated solutions. Talk to the co-owners, consider mediation, or propose a buyout or division plan. Settling avoids court costs and delay. If negotiations fail, proceed to file.

3. Prepare the complaint for partition

The complaint must identify the property, describe each party’s interest, and ask the court to either divide the property (partition in kind) or order its sale and distribute proceeds among the owners. Include mortgage and lien information if known. The complaint names all co-owners and any known lienholders or parties with recorded interests so they can be served.

4. File in the appropriate court and serve parties

File the complaint in the circuit court of the county where the property is located. Pay the filing fee and follow local court rules. After filing, you must properly serve each defendant (co-owner and lienholder). If a defendant cannot be located, the court may allow substituted service or publication under court rules.

5. Responding procedures and preliminary motions

After service, defendants have the opportunity to answer or file motions. Typical early matters include disputes about proper parties, requests for preservation of the property, or motions to appoint a receiver if the property is at risk of waste or loss. If income is being generated (rent, crops), the court can order an accounting so proceeds are preserved for eventual division.

6. Evidence, appraisal, and inspection

The court often orders appraisals or appoints a commissioner to evaluate the property. Evidence about value, contributions to improvements or mortgage payments, and liens will affect the court’s allocation of sale proceeds. Expect the court to consider equitable adjustments for unequal contributions from co-owners.

7. Partition in kind vs. partition by sale

The court prefers partition in kind (physically dividing the land) where fair division is practical and will not substantially impair value. If the property cannot be fairly divided (e.g., a single-family home on one lot), the court will order a sale and divide the net proceeds among the owners according to their interests.

8. Appointment of a commissioner and sale

If the court orders sale, it will typically appoint a commissioner or referee to oversee the sale, set terms, and conduct a public sale. The commissioner’s report goes back to the court for approval. The court then directs distribution of net proceeds after paying liens, taxes, and court-approved expenses.

9. Distribution of proceeds and credits for contributions

The court distributes net sale proceeds according to ownership shares, subject to adjustments for mortgage payments, taxes, necessary repairs, or improvements paid by a particular co-owner. If one co-owner paid more than their share of mortgage or taxes, they may ask the court to credit those amounts against their share.

10. Final judgment and appeals

Once the court approves the partition (dividing or sale and distribution), it enters a final judgment. A party dissatisfied with the outcome may have the right to appeal under Oregon appellate procedure and timing rules.

Practical timeline and costs

Partition actions vary widely. Simple cases that end in settlement can resolve in a few months. Contested matters that require appraisals, a sale, or appeals can take a year or longer. Expect costs for court filing fees, service, appraisers, commissioner fees, attorneys’ fees (if hired), title and closing costs, and sale expenses.

When a co-owner wants to keep the property

A co-owner who wants to retain the property can try to buy out the other owners (often by paying their share). The court may also allow a co-owner to purchase the property at sale or offset proceeds. If you want to stop a sale or protect your interest, promptly consult an attorney to learn about injunctions, bond requirements, and preservation remedies available in circuit court.

Where to read the law and find forms

• Oregon Revised Statutes, Chapter 105 (Partition): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
• Oregon Judicial Department (court locations, local rules, and general civil procedure): https://www.courts.oregon.gov

Helpful Hints

• Gather documents before you file: deed(s), mortgage statements, property tax records, insurance, leases or rent ledgers, and any written agreements among co-owners.
• Attempt mediation first. Courts encourage settlement and many counties offer mediation resources through the courts or local bar associations.
• List all recorded lienholders and anyone with a recorded interest. Failing to name a necessary party can delay or invalidate the judgment.
• Consider interim remedies if property income or use is at issue (request accounting for rents and profits or ask for a receiver in urgent cases).
• Get an appraisal early to set realistic expectations about value and division feasibility.
• Be prepared for costs. A forced sale’s expenses reduce net proceeds; sometimes a negotiated buyout is more economical.
• If one co-owner made disproportionate payments for mortgage, taxes, or improvements, keep records; the court can consider credits or adjustments.
• Consult an Oregon attorney if you face an immediate threat to the property (waste, foreclosure, or vandalism) or if the ownership interests are complex.

Final note

A partition action is a powerful tool to resolve deadlock among co-owners, but it can be complex and expensive. Understanding Oregon’s partition procedures (ORS Chapter 105) and preparing your documents and evidence in advance will improve your chances of a fair outcome.

Not legal advice. For help with a specific situation, contact a licensed Oregon attorney.