Filing a Partition Action or Petition for Sale When Some Heirs Are Minors

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. Laws change, and your situation may require personalized legal help. If you need legal advice, consult a licensed Oregon attorney.

Detailed Answer — How the process normally works in Oregon

When real estate is inherited and one or more heirs are minors, the general legal path is the same as for adult co-owners but with extra protections for the minors. In Oregon, co-owners who cannot agree on using or dividing land can ask the circuit court for a partition action under Oregon’s partition statutes (ORS Chapter 105). The court can physically divide the land (partition in kind) or order a sale and divide the proceeds. See the Oregon statutes on partition: ORS Chapter 105.

Typical steps

Identify ownership and whether probate is required.

Determine whether the property passed by will, by intestate succession, by joint tenancy, or by a transfer outside probate (e.g., transfer-on-death deed). If the decedent’s estate is or will be in probate, the probate process may affect the timing and how heirs’ interests are recognized.
Try to reach agreement first.

Before filing a lawsuit, explore selling the property by mutual agreement, buying out a co-owner, or dividing the parcel informally if feasible. Voluntary solutions are faster and cheaper.
If you cannot agree, file a partition action in the county circuit court where the land is located.

The plaintiff files a complaint asking the court to order partition of the property under ORS Chapter 105. All owners (including minor heirs) must be named as parties. The court will provide notice and then handle the dispute.
Minor heirs need court protection and representation.

Because minors cannot generally protect their property interests in litigation on their own, the court will require that the minor be represented. That can occur in different ways depending on the facts:
- The minor’s parent may already be the legal guardian of the minor and represent the minor’s interests in many situations, but the court may still appoint a guardian ad litem (GAL) or require appointment of a guardian of the estate for the minor’s property interests.
- The court may appoint a guardian ad litem to represent the minor’s interests specifically in the partition lawsuit. The guardian ad litem must act in the minor’s best interest in the litigation.
- When the proceeding will produce funds or requires the sale of a minor’s property interest, the court may require appointment of a conservator or guardian of the estate to handle the money or property proceeds for the minor until they reach majority or until another court order.
For background on guardianship and conservatorship in Oregon courts, see the Oregon Judicial Department’s information on guardianship: Oregon Judicial Department — Guardianship.
Court procedures for sale or division.

If the court finds physical division impractical or unfair, it will order the property sold and direct how to divide proceeds among owners according to their legal shares. The court may appoint a commissioner or special master to manage the sale. When a minor’s share is involved, the court supervises how funds are handled—often directing that proceeds be held in a protected account, paid to a conservator, or handled under probate rules.
Distribution and protection of a minor’s proceeds.

Proceeds attributable to a minor’s share must be protected. The court may require they be deposited in the court registry, placed with a conservator or guardian of the estate, or otherwise managed until the minor reaches 18 (or until a different arrangement the court approves). The court’s overriding duty is to protect the minor’s financial interests.

Example hypothetical

Suppose three siblings inherit a house as tenants in common: two adults and one 10‑year‑old. One adult wants to sell. Negotiations fail. An adult files a partition action in the county circuit court. The court names all three siblings as parties. Because one heir is a minor, the court appoints a guardian ad litem to represent the child in the lawsuit and may require a conservator or guardian of the estate to protect any sale proceeds. If the court orders the house sold, the child’s share of the sale proceeds is placed under court supervision until the child turns 18 or the court approves another disposition.

Practical considerations specific to Oregon

Partition actions in Oregon are governed by ORS Chapter 105. The statutes lay out how partition claims are filed and how courts may divide or order sale of property: ORS Chapter 105.
Circuit courts handle civil property disputes, including partition. Each county has its own circuit court—filing requirements and local rules can vary, so check local court rules and clerk procedures for filing documents and serving parties.
When minors are involved, the court’s concern is protecting the minor’s share. In many cases the court will appoint a guardian ad litem or require a conservator/guardian of the estate to manage funds. Oregon courts have procedures and resources on guardianship, which can be helpful when minors’ property interests are at issue: OJD Guardianship information.

What documents and information you should gather

Deed(s) showing current title or a certified copy of the deed from the county recorder.
Death certificate and any will or probate filings, if applicable.
A list of all heirs or co‑owners, with contact information and dates of birth (to identify minors).
Mortgage statements, liens, taxes, and any leases affecting the property.
County assessor parcel number and property address.

Helpful Hints

Start by gathering title and probate information. Knowing how title passed matters for strategy.
Try negotiation first: a voluntary sale or buyout saves time and money and reduces court involvement with minors.
If court is needed, expect the judge to appoint someone to protect the minor’s interests—budget for additional hearings and paperwork.
Ask the court early whether it prefers appointment of a guardian ad litem or a conservator for a minor’s share; different remedies have different timelines and costs.
Be realistic about time and cost: partition lawsuits can take many months and can be costly. The court may order sale by a commissioner or a realtor under supervised terms.
Talk with an attorney experienced in probate, guardianship, or real estate partition. If you need help finding counsel, the Oregon State Bar provides resources to find a lawyer or legal aid: Oregon State Bar — Find Legal Help.

If you want help with the next steps (what to file, how to ask the court to appoint a guardian ad litem, or how to protect a minor’s proceeds), consider contacting an Oregon attorney who handles estate/probate and real property disputes. A lawyer can explain how the statutes and local procedures will apply to the exact facts of your matter.