Partition Action Complaint - Oregon

COMPLAINT FOR PARTITION OF REAL PROPERTY — OREGON

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [____]

Case No.: [______________]

COMPLAINT FOR PARTITION (ORS 105.205 et seq.)
(NOT subject to mandatory arbitration — title to real property)

Plaintiff alleges:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is [a resident of [____] County, Oregon / an entity organized under the laws of [____]], residing or with a principal place of business at [________________________________].

2. Defendant [DEFENDANT 1] is, upon information and belief, [an individual residing at / an entity with its principal place of business at] [________________________________], and owns or claims an undivided interest in the Subject Property.

3. Defendant [DEFENDANT 2] is, upon information and belief, [________________________________].

4. The persons designated as "ALL OTHER PERSONS OR PARTIES UNKNOWN" are joined as Defendants because they may claim some right, title, lien, or interest in the Subject Property. All tenants in common and lien creditors of an undivided interest are joined as Defendants pursuant to ORS 105.220.

5. This Court has jurisdiction over this action and over the Subject Property, which is situated in [____] County, Oregon. Venue is proper in [____] County because the Subject Property is located in that county.

II. THE SUBJECT REAL PROPERTY

6. The real property at issue (the "Subject Property") is located in [____] County, Oregon, and is described as follows (ORS 105.215):

Legal Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Map / Tax Lot / Account No.: [____________]
Street Address (reference only): [________________________________]

III. COTENANCY AND RESPECTIVE INTERESTS

7. Plaintiff and the Defendants hold the Subject Property as [tenants in common / joint owners of an estate of inheritance, for life, or for years], each owning an undivided interest. Plaintiff has an estate in the Subject Property entitling Plaintiff to maintain this action under ORS 105.205. The respective interests, so far as known, are:

8. Plaintiff acquired Plaintiff's undivided [____] interest by [Warranty Deed / Bargain and Sale Deed / Quitclaim Deed / Personal Representative's Deed / devise / intestate succession] dated [__/__/____], recorded in the records of [____] County on [__/__/____] as Instrument / Recording No. [______].

IV. ENTITLEMENT TO PARTITION

9. Plaintiff incorporates the preceding paragraphs.

10. As a person holding an undivided interest in the Subject Property, Plaintiff may maintain this suit for partition according to the respective rights of the persons interested therein, pursuant to ORS 105.205.

11. The right of partition is not expressly or impliedly limited, restricted, or prohibited by any will, deed, or written agreement under which the parties claim (ORS 105.210).

V. PARTITION IN KIND OR BY SALE

12. ☐ Partition in kind preferred (statutory first preference). The Subject Property can be divided in kind among the parties according to their respective interests without great prejudice, and Plaintiff requests that referees be appointed to make such partition (ORS 105.245, 105.255).

13. ☐ Sale. The Subject Property is so situated that partition in kind cannot be made without great prejudice to the owners; therefore Plaintiff requests that the Court order the Subject Property sold and the proceeds distributed among the parties according to their respective interests (ORS 105.245, 105.275, 105.290, 105.295).

14. ☐ Partition by appraisal / private sale (with consent). With the consent of the parties, the Court may order a buyout at a value set by a court-appointed appraiser, or a private sale through a court-appointed referee.

VI. ACCOUNTING AND EQUITABLE ADJUSTMENTS (OWELTY)

15. Plaintiff incorporates the preceding paragraphs.

16. An accounting is necessary to adjust the equities among the cotenants. Plaintiff requests that, in fixing the parties' respective shares and any owelty (ORS 105.250), the Court credit or charge each cotenant for the following, as the proof may show:

☐ Sums paid for the purchase price, down payment, and mortgage principal and interest beyond a cotenant's proportionate share.
☐ Sums paid for property taxes, insurance, and assessments.
☐ The reasonable cost of necessary repairs and value-enhancing improvements.
☐ Rents, profits, and income received by a cotenant from the Subject Property.
☐ The reasonable rental value of exclusive use / occupancy where a cotenant has ousted or excluded another cotenant.
☐ Waste, damage, or diminution in value caused by a cotenant.
☐ Owelty to equalize an in-kind partition that cannot be made in exact proportion (ORS 105.250).
☐ Other: [________________________________].

17. The amounts due upon such accounting should be charged against or credited to the respective shares of the cotenants upon partition or distribution of sale proceeds (ORS 105.295).

VII. APPOINTMENT OF REFEREES

18. Plaintiff requests that the Court appoint one or more referees as authorized by ORS 105.245 to make partition of the Subject Property in kind among the parties according to their respective interests, and, if partition cannot be made without great prejudice, to conduct a sale and report to the Court (ORS 105.255, 105.275, 105.290).

VIII. ATTORNEY FEES AND COSTS

19. Plaintiff requests that the reasonable costs and expenses of partition, including reasonable attorney fees, referee fees, appraisal, and sale expenses, be awarded and apportioned among the parties in proportion to their respective interests, as authorized by ORS 105.405.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Determining and declaring the respective undivided interests of Plaintiff and each Defendant in the Subject Property (ORS 105.240);

B. Ordering partition of the Subject Property in kind among the parties according to their respective interests, and appointing one or more referees to make such partition (ORS 105.245, 105.255);

C. If partition in kind cannot be made without great prejudice, ordering the Subject Property sold and the net proceeds distributed among the parties according to their respective interests (ORS 105.245, 105.275, 105.295);

D. Taking an accounting among the cotenants and charging or crediting each share for contributions, rents, ouster, waste, and owelty as set forth above (ORS 105.250);

E. Awarding and apportioning the reasonable costs and expenses of partition, including reasonable attorney fees, pursuant to ORS 105.405; and

F. Granting such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

[________________________________]
[Attorney Name], OSB No. [______]
[Firm Name]
[Address] · [Phone] · [Email]
Attorney for Plaintiff

VERIFICATION

STATE OF OREGON )
             ) ss.
COUNTY OF [____] )

I, [PLAINTIFF FULL NAME], being first duly sworn, depose and say: I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint for Partition and know the contents thereof; and the same is true as I verily believe.

[________________________________]
[Plaintiff Signature]

Subscribed and sworn to before me this [____] day of [__________], 20[____].

[________________________________]
Notary Public for Oregon
My commission expires: [__/__/____]

[NOTARY SEAL]

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

(ORS 93.740)

NOTICE IS HEREBY GIVEN that an action for partition of real property is pending in the Circuit Court of the State of Oregon for the County of [____], Case No. [______________], entitled [PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAMES], et al., Defendants.

OBJECT OF THE ACTION: Partition of the real property described below pursuant to ORS 105.205 et seq.

REAL PROPERTY AFFECTED (located in [____] County, Oregon):

[INSERT FULL LEGAL DESCRIPTION]

Map / Tax Lot / Account No.: [____________]

Dated: [__/__/____]

[________________________________]
[Attorney Name], OSB No. [______] — Attorney for Plaintiff
[Firm Name] · [Address] · [Phone] · [Email]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a true copy of the foregoing Complaint for Partition upon the following parties by the method indicated:

[________________________________]
[Attorney Name], OSB No. [______]
Attorney for Plaintiff

Sources and References

• ORS 105.205–105.405 — Partition (https://www.oregonlegislature.gov/bills_laws/ors/ors105.html)
• ORS 105.205 — Who may maintain partition (https://oregon.public.law/statutes/ors_105.205)
• ORS 105.245 — Sale or partition ordered by court; referees (https://oregon.public.law/statutes/ors_105.245)
• ORS 105.250 — Compensation when partition cannot be made without prejudice (owelty)
• ORS 105.405 — Costs and expenses of partition; reasonable attorney fees
• ORS 93.740 — Notice of pendency of action (lis pendens)
• Fike v. Sharer, 280 Or 577, 571 P2d 1252 (1977) — hierarchy: partition in kind first, then public sale, then private sale
• UPHPA status (Oregon): Oregon has not adopted the Uniform Partition of Heirs Property Act as of this drafting (an Oregon Law Commission proposal was pending in 2025); the general partition statute (ORS 105.205 et seq.) governs.

Disclaimer: This template does not constitute legal advice. Oregon partition practice involves referee appointment, appraisal, and an accounting of contributions and offsets that turn on the facts. Engage a licensed Oregon attorney and obtain a current title report before filing.