What to do when a co‑heir occupies inherited property in Oregon

Short answer: If a co‑owner (another heir) lives in inherited property and refuses to move out or to sell, the usual remedies are to (1) determine legal title through probate, and then (2) file a partition action to divide or force a sale of the real property. Evicting an occupying heir by self‑help is risky and usually illegal. Court proceedings — partition, or in narrow cases eviction/unlawful detainer if you hold legal possession — are the practical options.

Detailed answer — how this typically works under Oregon law

1. Who legally owns the property right now?

Ownership depends on whether the decedent’s estate has been probated and how title was left. Common possibilities:

Title already transferred to named beneficiaries or a surviving joint owner — then those persons are the legal owners.
Estate is still in probate — the estate (through a personal representative) holds legal title until the court closes probate and distributes the property to heirs or beneficiaries.
No will (intestate) — heirs receive shares according to Oregon probate rules once the estate is administered.

Start by checking whether a probate case has been opened with the county probate court or whether the deed already shows new ownership. The Oregon Judicial Department has practical probate information: https://www.courts.oregon.gov/services/Pages/probate.aspx

2. Occupying heir’s rights

An heir who has an ownership interest (for example, a tenant in common share) usually has the right to occupy the property, but they do not have the right to exclude other co‑owners from their share of value. Co‑owners share rights and responsibilities — including the right of court‑ordered partition. The practical effect: if one heir lives in the house and others want it sold or divided, the law provides ways to force a sale or physical division.

3. Partition actions — the main remedy

Oregon law allows co‑owners to ask a court to partition real property. A partition action can ask the court either to physically divide the property (if feasible) or to order a sale and split the proceeds among owners. This is typically the straightforward route when co‑owners can’t agree.

See Oregon’s partition statutes (ORS Chapter 105) for the rules and procedure: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html

What to expect in a partition case:

Filing a complaint in the appropriate circuit court asking for partition.
The court will determine ownership shares, consider whether the land can be physically divided and — if not — order a sale with proceeds distributed per ownership interests.
The court may appoint a commissioner or referee to handle the sale. Costs, commissions, and attorneys’ fees can reduce the net proceeds.
Partition can be contested, which can lengthen the process and add cost.

4. Eviction and unlawful detainer — limited scenarios

Eviction (unlawful detainer) is typically a tool for landlords to remove nonpaying tenants or others without legal right to possession. If you are not the sole legal owner or do not hold exclusive possession under a court order, pursuing a standard eviction against an occupying co‑owner is complicated and often unsuccessful. If a personal representative or executor has been legally appointed and has the authority to possess or rent the property, they may have remedies against an occupant, but those steps should be taken through the court system.

For general eviction procedures and how possession disputes are handled in Oregon courts, see resources from the Oregon Judicial Department: https://www.courts.oregon.gov/help/Pages/evictions.aspx

5. Practical alternatives before (or instead of) litigation

Negotiate a buy‑out: one or more co‑owners buy the occupant’s share for an agreed price.
Agree on a sale: jointly list the property and split proceeds according to ownership interests.
Temporary rental agreement: the occupant pays rent to the co‑owners while negotiations continue; put the agreement in writing.
Mediation: a neutral mediator can help resolve disputes without court and reduce cost and delay.

6. Costs, timeline, and likely outcomes

Partition and contested probate matters cost time and money. A straightforward partition can take several months to a year; contested matters take longer. Court costs, legal fees, appraisal and sale costs, and property maintenance reduce net proceeds. If you simply want your share of the value, a partition sale or buy‑out is the usual result.

Helpful hints

Confirm title and probate status first. Contact the county recorder and county probate court to see what filings exist.
Put agreements in writing. Any buy‑out, rental arrangement, or sale agreement should be written and signed by all involved.
Avoid self‑help eviction. Changing locks, removing belongings, or physically forcing someone out can expose you to criminal or civil liability.
Consider mediation early. Mediation is often faster and cheaper than litigation and preserves relationships among family members.
Get a property valuation. A current appraisal helps everyone evaluate buy‑out offers and sale expectations.
Expect expenses. Court costs, attorneys’ fees, appraisal fees, real estate commissions and repair costs will reduce proceeds from a sale.
Document everything. Keep written records of communications, offers, and any payments related to the property.
Talk to a lawyer experienced in Oregon probate and real property partition. Even a short consultation can clarify options and likely costs.

Where to start: Look up the property deed at the county recorder’s office and check whether a probate case exists in the county where the decedent lived. If probate is open, contact the estate’s personal representative to discuss options. If there is no probate and multiple heirs claim ownership, consider consulting an attorney about a partition action.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change and facts matter. Consult a licensed Oregon attorney to get advice tailored to your situation.