Short answer

Yes. In Oregon, a co-owner of real property (for example, one sibling among several who own a family parcel together) can ask a court to divide the property or order its sale through a partition action. Courts generally try to divide the land physically when practicable. If physical division would be impractical or unfair, the court can order a sale and divide the sale proceeds among owners after paying liens, costs, and any adjustments for unequal contributions.

Where this rule comes from

Partition actions and co-owners’ remedies are governed in Oregon law by the statutes in ORS Chapter 105. For the statutory scheme and procedural rules, see the Oregon Revised Statutes, Chapter 105: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html.

How partition actions typically work (detailed explanation)

Below is a step-by-step overview of what to expect and what to prepare if you want to force a division or sale of family land in Oregon.

1. Confirm ownership type and identify all parties

First, determine how title to the property is held. Most people in disputes like this are tenants in common (each person owns a share that can be sold or inherited). Joint tenancy differs because it carries a right of survivorship. Either way, anyone who holds an interest in the land (including heirs, minors, and persons who hold under recorded deeds) must typically be made a party to a partition action so the court can resolve the whole property.

2. Try to reach agreement before filing

Court actions cost time and money. Consider these practical alternatives first:

• Buyout: One owner buys the others’ shares, based on a recent appraisal or agreed value.
• Partition by private agreement: divide the parcel by consent, maybe after a survey, and then re-title the divided parts.
• Mediation: a mediator can help families reach a sale, buyout, or division agreement without litigation.

3. If negotiation fails, file a partition action

If you cannot reach agreement, a co-owner may file a partition action in the county circuit court where the property lies. The complaint names all co-owners and asks the court to either divide the property physically (partition in kind) or order a sale and split proceeds.

4. Court process and possible outcomes

The court follows procedures for notice, service, and joinder of necessary parties. Typical outcomes include:

• Partition in kind (division): the court divides the physical parcel into separate lots allocated to owners according to their shares, if it can do so fairly and without material prejudice.
• Partition by sale: if a fair division is not practical (for example, a single-family home on one lot, oddly-shaped land, or severe inequity), the court orders a sale. A referee, commissioner, or court officer may oversee the sale and then the court distributes net proceeds among owners according to ownership shares after paying mortgages, liens, costs, and court-ordered adjustments.
• Buyout order: sometimes the court will allow or order a buyout procedure where one owner purchases others’ shares at a court-determined price.

5. Accounting and credits

In partition litigation, the court can account for improvements, expenses, and contributions. For example, an owner who paid for substantial improvements or who paid property taxes may get credit against the owner’s share of proceeds. Similarly, mortgages and liens on the property are typically paid from sale proceeds in priority order.

6. Practical timeline and costs

Partition cases can take several months or longer depending on complexity, number of parties, and disputes about valuation and division. Expect costs for court filing fees, service, appraisal, surveys, attorney fees (if you hire counsel), and costs for conducting a sale. The court may allocate some costs among parties.

7. Special issues to watch for

• Missing or unknown heirs: the court has procedures to join or provide notice to unknown parties, which can slow the case.
• Minor owners or incapacitated owners: the court protects their interests and may require a guardian or conservator to appear for them.
• Mortgages, tax liens, and other encumbrances: these must be resolved or paid from sale proceeds.
• Deeds with ambiguous language: disputes over what interests were transferred (e.g., life estate, easements, mineral rights) can complicate partition.

What you should do next (practical checklist)

1. Gather title documents: recorded deeds, wills, probate records, and any declarations about how the property should be held.
2. List all potential owners and lienholders, including heirs and people who might claim an interest.
3. Order a current appraisal and, if you anticipate division, a survey to see whether the land can be divided without unfairness.
4. Collect records of payments: property taxes, mortgage payments, repairs, and improvements—these you may ask the court to credit.
5. Talk with your co-owners about mediation or buyout options; document offers and responses in writing.
6. If you intend to sue, consult an Oregon real property attorney to prepare a partition complaint and advise on procedure and strategy.

Helpful hints

• File in the county where the property is located. Circuit courts handle partition actions under ORS Chapter 105 (ORS Ch. 105).
• Appraisals matter. A recent, credible appraisal will help the court or the parties set a fair buyout price or sale reserve.
• Consider a temporary injunction if another co-owner threatens to damage the property or remove assets pending the partition case.
• Talk to a real estate attorney early if you face complicated title issues, multiple generations of heirs, or uncooperative co-owners.
• Be aware of emotional and family dynamics. Mediation can preserve relationships and reduce costs.
• Expect the court to try division before sale if division is practical and fair; however, sale is common when division would create impractical plots or unfairness.