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Two or more people may co-own property by purchasing it together or inheriting it jointly from a family member. Over time, disagreements can arise over key issues like covering maintenance expenses, deciding how the property is used, or whether to keep or sell it. When those disputes become unmanageable, a partition action may be the most practical way to end the co-ownership arrangement.
Because the outcome of a partition action can directly impact your financial interests, it’s important to have legal representation that can protect your rights throughout the process. Contact Bristlecone Law for an initial case review with a real estate litigation attorney in Bend, Oregon, to discuss your options if you’ve reached a standstill with your co-owners and need a path forward. We’re pleased to serve the legal needs of property owners in Bend, Redmond, Prineville, Madras, and greater Deschutes, Crook, and Jefferson counties.
When co-owners of real estate, such as tenants in common, cannot agree on various aspects of owning the property, such as allocating maintenance costs, use of the property, or whether to keep or sell it, a co-owner may file a partition action to resolve the dispute. Partition actions effectively sever co-ownership of a property by dividing it between the parties, facilitating a buyout, or subdividing it to provide each co-owner with a separate parcel.
In Oregon, a partition action may result in one of three remedies for the parties. Most frequently, the court will order a partition by sale, appointing one or more referees to oversee the sale of the real property and the division of the net sale proceeds among the co-owners according to their interests in the property.
Alternatively, with the parties’ consent, the court may order a “partition by appraisal,” in which one co-owner or a faction of co-owners buys out the other co-owners’ interests, with the value of those interests set by a neutral, court-appointed appraiser. Finally, for rural or undeveloped properties, or properties with multiple residences, a court may allow a partition in kind, physically dividing the property among its co-owners, with each party receiving a subdivided parcel of the land.
A partition action begins when one or more co-owners of a property file a complaint in an Oregon court. The complaint must outline the property’s ownership structure, allege the nature of the parties’ dispute, and request a court-ordered resolution. The complaint may specifically request a partition by sale or partition in kind. After the other co-owners submit their responsive pleadings, the court may appoint a real estate expert to inspect the property and advise the court on potential solutions (such as whether the court can feasibly order a partition in kind or whether it should order a partition by sale).
After the parties present their evidence and arguments, the court will decide whether the partitioning party or parties have established grounds for partition and select a form of partition. When conducting a partition by sale, the court will divide the net proceeds of the sale among the owners according to each owner’s interest in the property, minus real estate commissions, referee expenses, and legal fees. Courts can also adjust payments to account for issues such as disproportionate financial contributions to the property for mortgage payments, property taxes, or maintenance costs. Recovery of reasonable attorney fees may also be available in a partition action.
When you have a fundamental disagreement with a co-owner about what to do with your property, steps you can take to protect your rights and interests include:
Finally, contact a partition lawyer as soon as possible to discuss your options and the pros and cons of pursuing a partition action to resolve your ownership dispute.
Having legal counsel during legal disputes with co-owners in property can provide the advice and support you need to navigate challenging disagreements and understand complex legal issues. An experienced real estate attorney can help you preserve your rights and options when you have a partition dispute with a co-owner of property by:
A partition action may have permanent consequences for your real estate interests and finances, making legal representation critical to helping you obtain the best possible resolution under the circumstances. Turn to a real estate disputes lawyer from the law firm of Bristlecone Law to advocate for your rights and interests in a partition action because:
When you and your co-owner can no longer agree on how to own, manage, and use a piece of property, a partition action allows you to end your legal relationship reasonably and efficiently. Having legal counsel in a partition action will prove critical to protecting your legal and financial interests during this process. Contact Bristlecone Law today for a confidential consultation with a real estate lawyer from our Bend law firm to get the representation you need to advocate for you in a partition action. Our law office serves clients in Bend, Redmond, Prineville, Madras, and throughout Deschutes, Crook, and Jefferson counties.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
