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 sale proceeds divided among the owners. See ORS chapter 105 for the statutes governing partition actions.

What this means in practical terms

If you and a sibling now hold title together to your late parent’s house and you cannot agree on keeping or selling it, you can file a civil action called a “partition.” The court will decide whether a physical division is feasible. For a single-family home, courts usually order a sale and then divide the proceeds between the co-owners according to their ownership shares, after paying mortgages, liens, court and sale costs.

Key Oregon law to know

Oregon’s rules for partition actions are in the Oregon Revised Statutes, chapter 105. That chapter describes how partition suits are started, how courts decide whether to partition in kind versus by sale, and how sale proceeds are handled. You can read the statute chapter here: ORS chapter 105 (Partition).

Step-by-step: How a forced partition sale typically works in Oregon

1. Confirm ownership and title status. Obtain the deed, title report or county assessor information showing how title is held (tenancy in common, joint tenancy, etc.). If the property is still part of an open probate estate or held in the estate, clarify whether title has been distributed. The partition action is usually filed against the current legal owners.
2. Try an out-of-court solution first. Courts prefer parties attempt resolution. Consider mediation, a buyout offer (one co-owner buys the other’s share using an appraisal), or a listed sale with net proceeds divided. These options can save time and fees.
3. File a partition complaint in the circuit court where the property is located. The complaint names all co-owners and asks the court to partition the property. It should describe the property and each owner’s claimed interest. The clerk assigns the case and you must properly serve the other owners.
4. Court assessment: partition in kind vs. sale. The judge will consider whether the property can be fairly divided without prejudice to any owner. For most residences, physical division is impractical. When division is infeasible, the court will order sale and distribution of proceeds.
5. Appointment of commissioner/referee and sale process. The court frequently appoints a commissioner or referee to arrange appraisal, marketing, and sale under court supervision. Sales can be public (auction) or private under court order. The court will direct how sale costs, liens, mortgages and other encumbrances are paid before distribution of net proceeds.
6. Distribution of proceeds and adjustments for equities. After paying debts and costs, the court divides the remaining funds according to each owner’s legal share. The court can also account for equitable adjustments—payments by an owner for improvements, necessary repairs, taxes, or mortgage installments—if the court determines adjustments are fair.
7. Final judgment and transfer of funds. The court enters a final order distributing proceeds and closing the case.

Documents and facts you should collect before filing

• Recorded deed(s) and a current title report
• Mortgage statements and payoff figures
• Property tax bills and receipts
• Recent appraisals or CMA (comparative market analysis)
• Evidence of payments or improvements (receipts, cancelled checks) you or the other owner(s) made
• Any written agreements among co-owners about the property
• Probate paperwork if the property was recently inherited and formal distribution is unsettled

Timing, costs, and what to expect

Partition actions typically take several months and sometimes a year or longer if contested. Costs include filing fees, service fees, appraisal and sale costs, and attorneys’ fees. Courts may deduct sale and administration costs from proceeds. Courts do not automatically cover attorney fees for the winning party — fee awards depend on statutory authority or equitable discretion.

Common complications

• Outstanding mortgage(s) or liens that must be paid from sale proceeds.
• Disputes over each owner’s share or claims of contribution for improvements.
• Co-owner living in the property and refusing access or refusing to cooperate with sale steps.
• Probate issues if title has not been properly transferred from the estate to heirs.
• Potential tax consequences on sale proceeds.

Helpful hints

• Start with a neighborly conversation or mediation to avoid court costs.
• Get a written, independent appraisal so offers and buyouts are based on documented value.
• Consult the local county assessor and recorder for accurate title and tax info.
• Document any money you paid for mortgage, taxes, insurance or repairs; the court may consider these when dividing proceeds.
• File the partition in the circuit court in the county where the property sits.
• Ask the court clerk or your attorney about the local practice for partition sales — procedures vary between counties.
• Contact the Oregon State Bar or a local real estate or probate attorney if you need help drafting the complaint or protecting your financial interest.

Where to learn more or get help

Read the partition statutes: ORS chapter 105. For attorney referrals, the Oregon State Bar website can direct you to lawyers with experience in real property, probate, or family property disputes.

Disclaimer: This article explains general Oregon law and possible steps, but it is not legal advice. Your situation may raise special issues that change the legal options available. Consult a licensed Oregon attorney for guidance tailored to your facts.