Partition Actions in Oregon | OR Legal Resources | FastCounsel

Oregon: Forcing a Sale When a Co‑Owner Refuses Mediation

Detailed Answer Short answer: If a co‑owner refuses to continue mediation, you can generally ask an Oregon circuit court to order a partition of the property. A court can either divide the property physically (partition in kind) or order a sale and divide the proceeds. Filing a partition action is the standard route to force […]

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Options to Divide or Force Sale of Co‑Owned Farmland in Oregon

Detailed Answer — How heirs can divide or force sale of co‑owned farmland under Oregon law If multiple people inherit farmland and cannot agree on what to do, Oregon law provides several routes to divide the land or force its sale. Which route is best depends on facts such as whether the property is in […]

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How to Start a Partition Action in Oregon When a Co-Owner Refuses

Detailed Answer — Court steps to start a partition action in Oregon When a co-owner refuses to agree to divide or sell real property, a co-owner can ask the circuit court to force a division or sale through a partition action. In Oregon, partition suits are governed by the Oregon Revised Statutes (see Chapter 105). […]

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How to Force a Partition Sale in Oregon When You Co-Own a House

Can a co-owner make the court sell shared real estate in Oregon? Short answer: Yes. Under Oregon law a co-owner can ask a circuit court to partition real property when owners cannot agree. The court can order the property physically divided (partition in kind) or, more commonly for a house, ordered sold and the net […]

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Defending Against a Partition Action to Force Sale of an Inherited Home — Oregon

How to Defend Against a Partition Action Seeking Sale of an Inherited Oregon Home Disclaimer This article is for educational purposes and is not legal advice. I am not a lawyer. Laws change and your situation may require tailored legal advice. Consult a licensed Oregon attorney for advice about your case. Detailed Answer — Overview […]

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Oregon: If a Co-Tenant Refinances or Takes a Home Equity Loan on Inherited Property — What Happens?

Understanding Your Rights When a Co-Tenant Encumbers Inherited Property in Oregon Short answer: In Oregon, a single co-tenant generally can only mortgage or refinance the undivided interest that they own. A lender may record an instrument against the whole parcel, but the mortgage is enforceable only against the borrowing co-tenant’s interest. If that co-tenant defaults, […]

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Oregon Remedies When a Co-Owner Transfers Property Without Consent

Understanding Your Remedies Under Oregon Law When a Co-Owner Transfers Property Without Your Consent Short answer: Your remedies depend on what exactly happened — whether a co-owner actually conveyed only their own share, whether the deed was forged or otherwise invalid, or whether the buyer knew about competing ownership. Common remedies in Oregon include filing […]

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Oregon: How to File a Partition Action or Petition for Sale of Inherited Real Estate When Heirs Are Minors

Filing a Partition Action or Petition for Sale When Some Heirs Are Minors Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. Laws change, and your situation may require personalized legal help. If you need legal advice, consult a licensed Oregon attorney. Detailed Answer — How […]

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How to Force a Sale or Division of Family Land in Oregon

Can a co-owner force sale or division of family land in Oregon? Read this to understand how partition works in Oregon, what rights co-owners have, and practical steps to pursue a division or sale. Short answer Yes. In Oregon, a co-owner of real property (for example, one sibling among several who own a family parcel […]

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Oregon: How to File a Partition Lawsuit When Co-Owners Can’t Agree

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, […]

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