How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Oregon | Oregon Partition Actions | FastCounsel
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How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Oregon

How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Oregon

Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.

Detailed Answer

When two or more parties own property together and agree to sell it jointly, one co-owner may pay the ongoing expenses—often called carrying costs—such as mortgage interest, property taxes, insurance, utilities, and maintenance. If you advanced these costs and your co-owner hasn’t reimbursed you, Oregon law offers tools to calculate and recover your outlay.

1. Identify and Catalog All Carrying Costs

  • Mortgage interest and principal payments
  • Property taxes
  • Homeowners insurance premiums
  • Utilities (water, electricity, gas, trash)
  • Routine maintenance and repairs

Keep receipts, bank statements, and invoices. Assign each expense a date and amount. Confirm each item directly relates to the jointly owned property.

2. Calculate Co-Owner’s Share

Determine each owner’s ownership percentage—often stated in the deed or joint-sale agreement. Multiply the total carrying costs by your co-owner’s percentage. For example, if carrying costs total $10,000 over six months and your co-owner holds a 40% interest, their share equals $4,000.

3. Demand Reimbursement Informally

Send a written demand letter summarizing the expenses, attaching copies of receipts, and stating a deadline for payment (e.g., 30 days). Many disputes resolve at this stage if clear documentation exists.

4. File for Partition Accounting in Court

If the co-owner refuses to pay, you may bring a partition action under Oregon Revised Statutes Chapter 105. The court can order an accounting of “rents, issues and profits” and may adjudicate a lien against the co-owner’s interest to reimburse your expenses. See ORS 105.115 and ORS 105.135.

In your complaint, you must:

  • List all carrying costs paid.
  • Specify each owner’s share.
  • Request an accounting or sale of the property.

5. Seek a Money Judgment or Lien

Alternatively, you may sue for breach of the joint-sale agreement or unjust enrichment in circuit court, requesting a money judgment for the unpaid share. If successful, you can file a judgment lien against the co-owner’s property interest.

Helpful Hints

  • Document every expense promptly and clearly.
  • Review your joint-sale agreement for reimbursement clauses.
  • Keep written records of all communication regarding repayments.
  • Consider mediation before filing suit to save time and cost.
  • Consult an attorney familiar with Oregon real property and partition law for tailored advice.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.