Detailed Answer — Court steps to start a partition action in Oregon
When a co-owner refuses to agree to divide or sell real property, a co-owner can ask the circuit court to force a division or sale through a partition action. In Oregon, partition suits are governed by the Oregon Revised Statutes (see Chapter 105). The process below explains the usual procedural steps, what the court can do, and practical issues to expect. This is general information and not legal advice.
1. Confirm ownership and legal theories
Before filing, confirm you are a co-owner with an ownership interest that gives you standing to sue (owner on title, beneficiary under a deed, etc.). A partition action is available to joint tenants, tenants in common, tenants by the entirety (subject to special rules), and sometimes holders of equitable interests. Gather deeds, title insurance, mortgage and lien information, and any written agreements among owners.
2. Consider pre‑filing steps
- Send a written demand asking the other co-owner(s) to agree to a sale or buyout and propose mediation or appraisal. A clear demand can help later if the court considers pre‑litigation efforts.
- Obtain a preliminary title report so you know liens, mortgages, and other recorded interests that will affect partition or sale proceeds.
- Evaluate whether a buyout or negotiated sale is realistic — partition actions can be costly and slow.
3. Prepare and file the complaint (petition) for partition
File a civil complaint in the Oregon circuit court in the county where the property is located. The complaint should include:
- Legal description and street address of the property.
- Names and addresses of all known owners, mortgagees, lienholders, tenants, and other parties with recorded interests (you must name those who may have claims against the property).
- A clear statement that you seek partition (division in kind) or, if division in kind is impractical, a partition by sale and distribution of proceeds.
- A request for any interim relief needed (appointment of a receiver, injunctions to preserve the property, accounting of rents and profits, or an order permitting sale subject to court supervision).
See the Oregon statutes covering partition for statutory authority and procedures (Oregon Revised Statutes, Chapter 105): Oregon Revised Statutes. (Search for Chapter 105: Partition.)
4. Serve the complaint and summons
After filing, serve the complaint and summons on every defendant/co‑owner and any other party with an interest in the property (mortgagees, judgment lienholders, tenants, etc.). Proper service must follow Oregon rules of civil procedure so the court will have jurisdiction over the parties.
5. Interim orders and preservation of the property
Early in the case you can ask the court for temporary relief to protect the property and the parties’ interests, including:
- Appointment of a receiver to collect rents and manage the property.
- Temporary injunctions to prevent waste, sale, or major alterations.
- An accounting order to determine rents, profits, expenses, and each party’s share.
6. Discovery and valuation
Parties typically exchange documents and take depositions. The property will be appraised or otherwise valued. If physical division is claimed feasible, experts (surveyors, appraisers) will help determine whether the property can be fairly divided without substantial loss in value.
7. Resolution or trial
If parties reach agreement, the court can enter a judgment implementing a division, sale, or buyout. If not, the court decides whether to order a partition in kind (physical division) or an order for sale. Oregon courts favor partition in kind only when it can be done without prejudicing owners’ interests; otherwise the court will order sale and distribution of proceeds.
8. Sale, distribution, and accounting
When the court orders sale, it will supervise the sale process (often a public auction or real estate sale under court terms). The court will resolve liens and costs, pay mortgage and tax obligations from sale proceeds, and distribute the remainder among co‑owners according to their interests after accounting for improvements, rents, and liabilities.
9. Timelines, costs, and practical considerations
- Partition litigation can take many months or longer depending on complexity, contested issues, and court schedules.
- Costs include filing fees, service fees, attorney fees, appraisal and survey costs, receiver fees, and potential sale costs. Creditors with liens are paid from sale proceeds in priority order.
- If one owner caused waste or improperly withheld rents, the court can adjust distributions to reflect equitable credits or debits.
Key Oregon statutory authority
Partition suits and the court’s powers in Oregon are provided in the Oregon Revised Statutes under the partition chapter (Chapter 105). For the exact statutory language and specific provisions, review the ORS on partition at the Oregon Legislature website: https://www.oregonlegislature.gov/bills_laws/Pages/ORStatutes.aspx (search for “Chapter 105”).
When to consider hiring an attorney
If the other co‑owner refuses to cooperate, disputes exist about ownership shares, liens, or improvements, or if temporary orders for receivership or injunctions are needed, an experienced Oregon real‑property litigator can:
- Prepare and file the complaint correctly and ensure proper service.
- Identify all parties and recorded interests that must be joined.
- Seek appropriate interim relief to preserve the value of the property.
- Handle discovery, appraisals, and contested hearings efficiently.
Disclaimer: This is general information about Oregon law and does not constitute legal advice. Rules and procedures vary by county and by case details. Consult a licensed Oregon attorney to get advice tailored to your situation.
Helpful Hints
- Gather the deed, title report, mortgage statements, tax bills, and any written agreements or communications among owners before you meet a lawyer.
- Run a full title search so you can name and notify all lienholders and interested parties in the complaint.
- Try negotiation or mediation first — partition suits are expensive and courts may favor negotiated sales or buyouts.
- Consider an appraisal early so you have a clear sense of market value and whether division in kind is realistic.
- If the property generates rent, consider asking for a receiver to protect income and prevent waste while the case proceeds.
- Be realistic about time and costs: court‑ordered sales may produce lower net proceeds than cooperative sales because of costs and delay.
- Find counsel with circuit court experience in the county where the property is located — local rules and practices matter.
- Document any contributions (improvements, payments of mortgage/taxes) you made to the property — the court may account for these when dividing proceeds.