Disclaimer: I am not a lawyer and this is not legal advice. This article explains how partition actions generally work under Oregon law so you can understand options and speak with a qualified attorney.
Detailed Answer — How to force a sale of inherited land in Oregon when some co-owners refuse
If you and your siblings inherited land and some co‑owners (a minority) refuse to sell, Oregon law allows any co‑owner to ask the circuit court to divide the property or order a sale. This remedy is called a partition action. The relevant statutory framework is in Oregon Revised Statutes, Chapter 105: ORS Ch. 105.
Who can file
Any person with an ownership interest in the property (for example, an heir who holds title as a tenant in common) may file a partition action in the circuit court for the county where the property sits. That includes beneficiaries who received title by probate or by operation of law. If title is still held by a decedent’s estate, you may first need the estate closed or the personal representative to join the action.
What the court can order
The court has two primary remedies:
- Partition in kind: physically divide the property so each owner receives their share (possible when the parcel can be divided practically and fairly).
- Partition by sale: appoint a commissioner or order a sale of the property and divide the net proceeds according to ownership shares (common when division in kind is impractical or would substantially impair value).
The court will consider practicality, harm caused by division, the character of the land, and fairness in choosing between division and sale. See ORS Chapter 105 for statutory procedures and authority: ORS Ch. 105.
Practical steps to file a partition-for-sale suit in Oregon
- Confirm ownership and title status: get current deeds, probate documents, and a preliminary title report. If the property remains titled in the decedent’s name or the estate, the personal representative or the probate court may need to be involved.
- Identify all parties: name all co‑owners, any lienholders (mortgages), and anyone with recorded interests. They must be joined as defendants so the court can clear title and distribute proceeds.
- Pick the correct court: file in the Oregon Circuit Court for the county where the land is located. See the Oregon Judicial Department circuit court pages: Oregon Circuit Courts.
- Prepare and file a complaint for partition: the complaint should identify the property (legal description), each owner’s claimed share, the relief requested (partition in kind or sale), and any liens. Attach copies of deeds or probate orders when available.
- Serve the defendants: arrange personal service or other approved service methods so all parties receive notice of the action.
- Request appointment of a commissioner (if appropriate): the court commonly appoints a commissioner or referee to survey, recommend division, or conduct the sale and report back to the court.
- Address liens, taxes, and mortgages: the court often orders payment of liens from sale proceeds or treats loan interests according to their priority.
- Final order and distribution: after the commissioner’s report and any hearings, the court issues an order approving the sale or division and directs distribution of net proceeds according to ownership shares.
Timing and cost
A contested partition action can take months or longer, especially if parties litigate ownership, value, or the appropriate remedy. Expect filing fees, service costs, commissioner or appraiser fees, publication costs (if required), and attorney fees. These costs often come out of sale proceeds or are apportioned by the court.
What if co‑owners oppose sale?
A minority cannot permanently block a partition-for-sale just by withholding consent. If the court finds partition in kind impractical or inequitable, it may order a sale over the objections of some co‑owners. However, opponents can defend on factual grounds (e.g., arguing division is practical, or disputing ownership shares), which may delay the process.
When to consider alternatives
Before suing, consider alternatives that save time and expense:
- Negotiate a buyout where one or more co‑owners purchase the dissenters’ shares.
- Mediation to reach a voluntary settlement on sale, division, or buyout terms.
- Enter a written partition agreement among owners describing how to divide, lease, or sell the property later.
Helpful Hints
- Gather documentation before you file: deed(s), probate orders, death certificate, mortgage statements, tax records, insurance policies, and any prior written agreements between owners.
- Get a recent title search or preliminary title report to identify liens and other interests that must be joined in the lawsuit.
- Obtain at least one market appraisal early to understand value and whether a division in kind is realistic.
- Consider asking the court to appoint a neutral appraiser or commissioner if owners disagree on value or division logistics.
- Talk with an Oregon real property attorney experienced in partition actions. They can prepare pleadings, identify necessary parties, and evaluate whether a court is likely to order sale or division.
- If the property is still part of an open probate, coordinate with the personal representative—proceeding before title vests can complicate or delay the action.
- Weigh costs: if legal and sale expenses will substantially reduce the net proceeds, a negotiated buyout or mediated sale may be better.
- Expect that the court distributes proceeds according to ownership shares after paying liens and costs—clear documentation of each owner’s share speeds distribution.
Key statute reference: Oregon Revised Statutes, Chapter 105 (Partition): https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
If you want next steps, collect the property deed and any probate paperwork and consult a licensed Oregon attorney or legal aid program for help preparing a complaint, joining parties, and evaluating whether court-ordered sale is likely in your case.