Detailed answer — legal path to force a sale in Oregon

If an inherited parcel is co‑owned and one co‑owner refuses to cooperate with listing or selling, Oregon law provides a judicial remedy called a partition action. A partition action lets a co‑owner ask the circuit court to divide jointly owned real property. The court can order a physical division (partition in kind) or, if the property cannot be fairly divided, a sale with proceeds divided among owners.

Key points about partition actions under Oregon law (ORS chapter 105):

• Who can file: Any person who holds an undivided interest in the property — for example, one of the heirs who received the parcel by inheritance — may file a petition for partition in the county circuit court where the property lies. See ORS Chapter 105 for the statutory framework: ORS Ch. 105 — Partition.
• Types of partition: The court first considers whether the property can be fairly divided among the owners (partition in kind). If division is impractical or would unfairly depreciate value, the court orders a sale and apportions the proceeds among co‑owners.
• Process overview: The petitioner files a complaint for partition. The court provides notice to all co‑owners, may appoint commissioners or referees to evaluate the property, and may order a sale if partition in kind is infeasible. The court also resolves claims for reimbursements (mortgage payments, taxes, necessary repairs) and liens affecting distribution.
• Costs and fees: Court costs, appraisal expenses, and sale costs normally come out of the sale proceeds before distribution. The court may award attorneys’ fees in limited circumstances depending on the equities and conduct of parties.
• When property is still in probate: If title to the parcel has not yet passed to the heirs (for example, if the estate is still open), you generally must first obtain authority to act in probate or have the personal representative address the property. If heirs have clear legal title (the estate closed or title transferred), a co‑owner may proceed directly with a partition action.

Practical consequences and typical timeline: Filing a partition action can take several months to more than a year, depending on court schedules, whether the parties contest valuation or sale, and whether the parties settle. Courts prefer that co‑owners try to agree, but they will order sale and distribution when cooperation fails.

Common outcomes and alternatives to court

• Co‑owner buyout: A straightforward option is to offer to buy the refusing co‑owner’s share at a fair market price (often based on an appraisal). If the co‑owner accepts, you avoid court costs and delays.
• Mediation or negotiation: Courts and many counties encourage or require mediation, which can help reach a buyout, split sale, or other compromise.
• Partition by sale: If the court orders sale, the property commonly goes to public auction or a court‑approved private sale. The court supervises distribution of net proceeds after liens, taxes, and costs.
• Partition in kind: The court may divide land physically when parcels can be split without prejudice. This is less common for a single lot or developed property.

Step‑by‑step checklist you can use now

1. Confirm current title: Verify whether the property title is in the heirs’ names or still in the decedent’s estate. If probate is incomplete, consult the probate court or an attorney to transfer title before a partition action.
2. Talk to co‑owners: Offer a buyout or propose listing with agreed terms. Document all offers in writing.
3. Get a professional appraisal: An appraisal helps establish market value for buyout offers or court proceedings.
4. Try mediation: Propose mediation to reach a voluntary resolution — courts often favor settlement.
5. File a partition action if negotiations fail: Prepare to provide the court with title documents, appraisal, and details on liens, mortgages, taxes, and each owner’s interest.
6. Prepare for costs and timing: Budget for court fees, counsel, appraisals, and possible sale costs. Be ready for months of proceedings in contested matters.

What the court decides and how proceeds are allocated

The court determines whether to partition in kind or order a sale. If the court orders sale, it will direct how the sale occurs, pay off liens and encumbrances, subtract costs (including necessary repairs, taxes, and reasonable attorneys’ fees if awarded), and divide net proceeds among owners according to their legal interests. The court also can award credits for contributions (e.g., mortgage payments or improvements) in appropriate circumstances.

When to hire an Oregon attorney

Consider hiring an attorney if:

• Title is unclear or probate is incomplete;
• There are mortgages, liens, or creditor claims;
• Co‑owners contest valuation or allege unequal contributions;
• You want help with drafting settlement offers, filing the partition complaint, or representing you at hearings.

An attorney can explain local court practice, prepare pleadings, and negotiate or litigate to protect your financial interests.

Helpful hints

• Keep records: Save invoices, tax records, mortgage statements, and communications showing payments or contributions related to the parcel.
• Get written offers: If you propose a buyout, make it a written, dated offer and keep proof of delivery.
• Use an appraisal: A credible appraisal strengthens settlement offers and court evidence.
• Consider mediation early: Mediation is faster and cheaper than litigation and often preserves family relationships.
• Check for probate status early: If the estate is open, contact the probate court or personal representative before suing for partition.
• Expect costs: Even a successful partition action reduces net proceeds by court and sale costs; budget accordingly.
• Ask about tax consequences: Selling real property can have tax implications (capital gains, basis adjustments). Speak with a tax advisor.