Disclaimer: This information is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Oregon law, a co-owner of real property may ask the circuit court to divide or sell the property through a partition action. The process follows ORS Chapter 105. A court may appoint a commissioner to oversee valuation, division or sale. Below are the main steps to initiate or consent to such an action.
- Prepare and File the Complaint: Draft a complaint naming all co-owners and describing the property with a legal description. Cite the right to partition under ORS 105.050. File the complaint in the circuit court of the county where the property lies.
- Serve Summons and Complaint: Serve each co-owner with a summons and copy of the complaint according to ORS 105.060. Proper service ensures the court has jurisdiction over all parties.
- Request Appointment of a Commissioner: In the complaint or by motion, ask the court to appoint a disinterested person as commissioner per ORS 105.090. The commissioner’s duties include inspecting the property, preparing a plan of partition, and, if necessary, arranging a sale.
- Commissioner’s Report: After visiting the property and reviewing any proposals, the commissioner files a written report under ORS 105.115. The report will recommend whether to divide the land between co-owners or sell it and distribute proceeds.
- Objections and Hearing: Parties have an opportunity to object to the commissioner’s report in writing. The court schedules a hearing to resolve disputes and to confirm or modify the commissioner’s recommendations under ORS 105.140.
- Confirmation and Decree: If the court confirms the report, it issues a decree of partition. For a sale, the court orders the sale under ORS 105.120 and directs the commissioner to conduct any required auction or negotiated sale. After sale, the court confirms the sale and orders distribution of proceeds.
- Consenting to Commissioned Partition: Co-owners may agree in writing to the appointment of a commissioner and the terms of sale or division. File a stipulation of consent in the court file at any stage. The court will review and, if appropriate, enter an order adopting the stipulation without formal objections.
Helpful Hints
- Verify the county circuit court has jurisdiction over the property.
- Gather a complete and accurate legal description from the deed.
- Identify and serve every co-owner, including lienholders.
- Consider a pre-filing title search to confirm ownership interests.
- Prepare to share appraisal or market data with the commissioner.
- File your objections to the commissioner’s report promptly and in writing.
- Review ORS Chapter 105 on the Oregon Legislature’s website for full statutory language.
- Consult a real estate attorney to guide you through procedural deadlines.