What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in Oregon?

Detailed Answer: Filing a Partition Petition in Oregon

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have specific questions, consult a licensed attorney in Oregon.

When multiple relatives jointly own real property in Oregon, any co-owner can seek a court-ordered division—called a partition—under Oregon law. The process is governed by ORS Chapter 105, which outlines the steps, requirements, and judicial options. Below is an overview of each step.

1. Confirm Eligibility:

   Under ORS 105.005, a “partition” action applies only to co-owners holding legal or equitable interests in real property. Ensure you hold clear title or a recognized equitable share.

2. Attempt Extrajudicial Resolution:

   Before filing, Oregon courts encourage parties to explore voluntary agreements on dividing or selling the property. This can save time and expense.

3. Prepare the Petition:

   Draft a petition complying with the Oregon Rules of Civil Procedure (ORCP) Rule 21 for pleadings. The petition should include:

   • Names and addresses of all co-owners (defendants).
   • Legal description and street address of the property.
   • Your interest in the property and the requested form of partition (in kind division or sale).
   • A statement that co-owners cannot agree on division.
4. File in the Proper County:

   File your petition at the Circuit Court in the county where the land is located. Pay the required filing fee and submit any additional forms or declarations.

5. Serve Co-Owners:

   Under ORCP Rule 7, you must serve each co-owner with a copy of the petition and a summons. Service can be by personal delivery, registered mail, or another court-approved method.

6. Wait for Response:

   Co-owners have 30 days to answer the petition. In your answer, they can consent, dispute facts, or request a different form of partition.

7. Attend the Hearing:

   If disputes remain, the court will schedule a hearing. You may present evidence—titles, appraisals, witness testimony—demonstrating that partition is proper.

8. Obtain the Judgment:

   Under ORS 105.030, if the court finds division in kind impracticable, it will order a judicial sale and distribution of net proceeds according to each co-owner’s share. Otherwise, it will divide the property physically among owners.

9. Implement the Decision:

   After judgment, record the court’s order with the county recorder. For a sale, the court appoints a commissioner to conduct the sale and distribute proceeds.

For full statutory guidance, see ORS 105.015 on filing actions (ORS 105.015) and ORS 105.030 on sale when division is impracticable (ORS 105.030).

Helpful Hints

• Gather deeds and title reports before preparing your petition.
• Consider mediation to resolve disputes without court intervention.
• Check local court websites for specific filing forms and fee schedules.
• Keep detailed records of service and correspondence with co-owners.
• Hire a qualified attorney if parties contest valuations or legal issues.