Detailed answer — what to bring and why it matters

Under Oregon law, a partition action asks the court to divide or sell jointly owned real property when co-owners cannot agree. The statutory rules for partition actions are in Oregon Revised Statutes, Chapter 105. See the chapter for full statutory text: ORS Chapter 105 — Partition.

To begin a partition case efficiently, your lawyer needs a clear, well-organized set of facts and documents. Below is a practical checklist of the most commonly required items, with short explanations of why each helps your attorney prepare the complaint, service, and proof needed in court.

1. Proof of ownership and chain of title

• Copies of deeds that show how the property was acquired (grant deed, warranty deed, quitclaim deed). These establish who holds title and how ownership was divided.
• Recent title report or preliminary title commitment (if you have one). This shows recorded liens, easements, and outstanding encumbrances.
• Any recorded vesting declarations or allocation documents (e.g., deed splitting percentages among co-owners).

2. Mortgage, lien, and encumbrance documents

• Copies of mortgages, trust deeds, judgments, tax liens, and mechanic’s liens. The court must know what claims attach to the property before dividing or ordering a sale.
• Payoff statements or most recent mortgage statements showing balances and account numbers.

3. Property description and survey

• Legal description from the deed (lot, block, township/range description) and parcel number (assessor’s tax ID).
• Any existing boundary survey, plat map, or topographic survey. Surveys help the court decide whether an in-kind division is feasible.
• Maps, site plans, or schematics showing buildings, improvements, and access points.

4. Possession and use evidence

• Records showing who has occupied the property and when (leases, rental agreements, occupancy logs).
• Utility bills, maintenance invoices, and receipts that show who paid for property upkeep.

5. Leases, rental agreements, and tenant notices

• Any current or past leases for the property, including tenant contact information.
• Security deposit records and proof of rent received or unpaid rent.

6. Financial documentation related to the property

• Property tax statements and tax parcel history.
• Insurance policies and claim history for the property.
• Recent appraisals or broker price opinions, and any offers to buy or sell the property.

7. Agreements, communications, and written understandings among co-owners

• Copies of any buy-sell agreements, co-ownership agreements, partnership or LLC agreements that mention the property.
• Emails, text messages, letters, or notes that show attempts to resolve the dispute or document agreements about use, repair, or sale.

8. Probate, trust, or estate documents if applicable

• Wills, trust agreements, letters testamentary, or court appointment papers that show how an owner’s interest passed to heirs or trustees.
• If a co-owner is deceased, bring the death certificate and any probate case number.

9. Evidence of improvements, expenses, and contributions

• Invoices, contracts, canceled checks, and receipts for major repairs, improvements, or maintenance paid by any co-owner.
• Photographs showing condition before and after work, and dates when work occurred.

10. Identification and contact information for parties

• Full legal names, addresses, phone numbers, and emails for all co-owners, lienholders, tenants, and other parties with an interest (trustees, guardians, etc.).
• Any known aliases or former names that might appear in recorded documents.

11. Prior litigation and government actions

• Court case numbers, pleadings, judgments, or foreclosure notices that relate to this property.
• Code enforcement, zoning, or municipal notices that affect the property’s use or value.

12. Your desired outcome and timeline

• Be ready to explain whether you want a partition in kind (division) or sale, whether you prefer to buy out other owners, or whether you want an immediate sale.
• Tell your lawyer any urgent deadlines (pending foreclosure, tenant eviction deadlines, or sale contingencies).

Providing this documentation helps your attorney draft a precise complaint, identify necessary parties to join to the lawsuit, evaluate whether partition in kind is feasible, and estimate costs and timelines. In Oregon, courts may order partition in kind when the property can be fairly divided. If in-kind division is impractical, the court may order partition by sale. See ORS Chapter 105 for the governing rules and remedies.

Sample hypothetical checklist (one-paragraph example)

Suppose three siblings own a single-family home as tenants in common and disagree about selling. The lawyer would want: the recorded deed showing each sibling’s ownership share; mortgage statements; any written agreement among the siblings; the most recent property tax bill; a copy of the most recent appraisal or broker opinion; a lease if the property is rented; receipts for repairs paid by any sibling; photos of the property; contact info for all siblings and tenants; and any prior court filings or foreclosure notices. That set of records lets the attorney draft the complaint, identify parties, and advise whether to seek partition in kind or a sale.

Procedural and practical notes specific to Oregon

• Oregon partition actions are filed in the circuit court for the county where the property lies. Your lawyer will prepare a complaint that names all persons with an interest. See ORS Chapter 105 for statutory procedures.
• Because recorded liens and notice issues matter, collecting deeds and title information up front shortens discovery and service steps.
• If the property is subject to probate or trust administration, your attorney will need those court or trust documents to confirm who has authority to act.

What your lawyer will likely do next

1. Review the documents and confirm all parties who must be joined to the lawsuit.
2. Order a title search or updated title report if one is not already available.
3. Draft a complaint for partition and prepare summons and service documents.
4. Discuss interim steps such as seeking preservation of the property, accounting for rents and expenses, or requesting a receiver if necessary.

Early organization and honesty about the facts (including any disputes or prior agreements) helps your lawyer give realistic advice on likely outcomes, costs, and timing.

Disclaimer

This information is educational only and is not legal advice. It summarizes common documents and facts lawyers typically request in Oregon partition cases. For advice about a specific situation, consult a licensed Oregon attorney.

Helpful Hints

• Start a single folder (paper or electronic) labeled with the property address. Put copies of every deed, tax bill, and correspondence there.
• Scan documents and provide your attorney with searchable PDFs. Date-stamped photos and labeled receipts are very helpful.
• If you don’t know where to find a deed or tax bill, the county recorder’s office and county assessor’s website typically provide copies by parcel number.
• Tell your attorney about any verbal agreements among owners, even if they are not written. These can affect equitable claims such as accounting or reimbursement.
• Gather contact information for neighbors or tenants who may provide statements about possession or use of the property.
• Be prepared to discuss costs: partition actions involve filing fees, service fees, potential appraisals, and possible expert fees for surveys.
• Ask your attorney whether mediation or negotiation with co-owners could avoid litigation; courts often encourage settlement before ordering a sale.
• Keep records of any payments you make related to the property after you retain counsel—mortgage payments, taxes, insurance—so the court can account for contributions and reimbursements.