Short answer: When co-owners of land in Oregon cannot agree, one co-owner can ask a Circuit Court to force a partition of the property. The court can divide the land (partition in kind) or order sale and divide the proceeds. The case is governed by ORS chapter 105 (actions for partition) and is filed in the Circuit Court where the property is located. This article explains the typical steps, what the court considers, likely timelines, costs, and practical tips for preparing and deciding whether to proceed.
Detailed answer — how a partition action works under Oregon law
1. What a partition action is and when it applies
A partition action is a civil lawsuit filed by one or more owners of real property to divide jointly owned land or order its sale when co-owners disagree. Partition can be requested by any co-owner, including half‑owners, tenants in common, or other co-owners who hold legal title. The procedure and remedies for partition in Oregon appear in ORS chapter 105. See ORS chapter 105 for the governing rules: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
2. Where to start — jurisdiction and venue
File the partition complaint in the Circuit Court of the county where the real property is located. The Oregon Judicial Department provides information for locating the correct circuit court: https://www.courts.oregon.gov/courts/circuit/pages/find-your-judicial-circuit.aspx
3. Typical contents of a partition complaint
A properly drafted complaint usually includes:
- Identification and legal description of the property (lot, block, or deed legal description).
- Names and last known addresses of all co-owners and known lienholders or mortgagees.
- Each plaintiff’s alleged ownership interest or percentage share.
- Statement that the co-owners cannot agree on division or sale and that partition is needed.
- Prayer for relief: partition in kind if feasible; if not feasible or would be prejudicial, sale of the property and division of proceeds after paying liens, costs, and taxes.
4. Service and joinder of interested parties
All co-owners, mortgage holders, and other parties with recorded interests must be served with the complaint so the court can adjudicate the rights of everyone with an interest in the property. If any party is not served or cannot be found, the court has procedures for substituted service or publication.
5. Partition in kind versus partition by sale
The court prefers to divide property physically (partition in kind) when it can be done without harming owners’ interests. If physical division is impractical, would greatly reduce value, or is otherwise prejudicial, the court will order sale and distribute net proceeds among owners according to their interests. The court may appoint a referee, commissioner, or appraiser to carry out the division or sale and report back to the court.
6. Liens, mortgages, taxes, and encumbrances
Liens and mortgages stay attached to the property. On sale, proceeds pay liens, mortgage balances, unpaid property taxes, and sale costs before owners share remaining funds. The complaint should identify known encumbrances to allow the court to resolve priorities and distribution correctly.
7. Court procedure and timeline
After filing and service, defendants may answer, assert counterclaims, or raise defenses (for example, claiming a different ownership share). The court can schedule hearings, order appraisals, and appoint commissioners. Time from filing to final order varies with complexity, court calendar, disputes over title or valuation, and whether sale is contested. Typical cases take several months; contested matters can take a year or longer.
8. Costs and attorneys’ fees
The prevailing party may or may not recover costs and fees depending on statutory provisions and court discretion. Partition cases involve filing fees, service fees, appraisal costs, potential commissioner fees, title work, and attorney fees if you hire counsel. The exact costs vary by county and complexity.
9. Practical outcomes
Possible outcomes include:
- Physical division of the land among owners in proportions that reflect ownership shares.
- Sale of the property at public auction or private sale under court supervision, with proceeds divided after debts and costs.
- Settlement before trial where one co-owner buys out others or they agree to terms for sale or division.
10. Alternatives to litigation
Because litigation can be slow and expensive, consider alternatives first:
- Mediation or facilitated negotiation to reach a buyout or agreed sale plan.
- Private buyout: have the property appraised and offer fair market value to co-owners.
- Partition by agreement: record a written agreement that describes how to divide or sell, avoiding court involvement.
Helpful hints
- Gather documents before filing: deeds, title report, mortgage statements, tax records, surveys, and any written agreements among owners.
- Send a written demand to co-owners describing your proposal and asking for a reasonable time to respond. A demand gives you leverage and can help in settlement or demonstrate good faith to the court.
- Obtain a current title report and boundary survey if the lines are unclear; these often prevent disputes and reduce delay.
- Get at least one market appraisal so you and the court have a valuation baseline.
- Explore mediation before filing; Oregon courts commonly encourage settlement and may require mediation in some civil disputes.
- Remember encumbrances travel with the land; on sale, mortgage and tax liens are paid out first.
- Budget for court costs, appraisal and commissioner fees, and attorney fees if you plan to hire counsel. Even uncontested partition actions have administrative costs.
- If you want to buy out co-owners, document the agreement in writing and record any deed transfers properly with the county recorder.
- Engage an Oregon-licensed real estate attorney for drafting the complaint, handling joinder of parties, and navigating title and lien issues if the case is contested.
Where to read the law
Oregon’s statutes that govern partition actions are in ORS chapter 105. The chapter text is available from the Oregon Legislature: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
Final notes and disclaimer
This article provides a general explanation of how to start a partition action in Oregon and practical steps to prepare. It does not cover every possible factual variation or the full text of the statutes. This is not legal advice. For advice about your specific situation, contact a licensed Oregon attorney who handles real property and civil litigation.