Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
A partition action in Oregon allows co-owners of real property to resolve disputes over ownership and division. Under Oregon Revised Statutes (ORS) Chapter 105, any person with a legal or equitable interest in real estate may seek partition. (See ORS 105.030.)
Step 1: Filing the Complaint
The co-owner seeking partition files a complaint in the county where the property is located. The complaint should:
- Identify all owners and their respective ownership shares (See ORS 105.020.)
- Describe the property and the nature of the claim
Step 2: Joinder and Notice
The court requires all parties with an interest to join the case. You must properly serve each co-owner with the summons and complaint. (See ORS 105.020.)
Step 3: Appointment of a Commissioner
The court appoints a commissioner—often a licensed surveyor or real estate professional—to inspect the property, conduct a survey, and propose a division plan. (See ORS 105.080.)
Step 4: Division in Kind or Sale
The court evaluates the commissioner’s report and decides whether to:
- Divide the land among owners (“division in kind”) if the plot allows practical and fair division
- Order a public sale when physical division would impair the property’s value, then distribute proceeds according to each owner’s share. (See ORS 105.130.)
Step 5: Final Decree and Distribution
After division or sale, the court issues a final decree. Each owner receives title to their divided parcel or net proceeds from the sale. The court ensures all liens and encumbrances are resolved before distribution.
Helpful Hints
- Include all owners in the lawsuit to prevent future claims.
- Consider mediation before filing to save time and reduce costs.
- Obtain a current property survey for accurate division.
- Prepare for appraisal or sale expenses if division in kind is impractical.
- Consult an attorney experienced in partition actions to navigate court procedures.