What Happens When Unmarried Couples Disagree About Selling a Home in Oregon?
If unmarried co-owners of a home in Oregon cannot agree on whether to sell or retain the property and there is no written co-ownership agreement, the primary legal remedy is often a partition lawsuit. This type of lawsuit can compel the sale of the property, with proceeds divided between the parties—or, in rare cases, result in a physical division of the land.
In Oregon, it's increasingly common for unmarried couples to buy homes together. Homeownership offers a way to share expenses, build equity, and invest in long-term stability. But when a relationship ends and the co-owners disagree about what to do with the home, that shared investment can become a major source of conflict.
If you're not married and haven't signed a co-ownership agreement, your primary legal option is often a partition lawsuit to divide or sell jointly owned real estate when unmarried partners can't agree on selling their house.
Understanding Partition Lawsuits in Oregon
A partition lawsuit allows one co-owner of real estate to ask the court to divide or sell the property when the other refuses to cooperate. Oregon partition actions are governed by ORS 105.205–105.405. These laws allow any person with a legal ownership interest—regardless of how small—to seek a court-ordered resolution.
These property division cases often involve unmarried couples, family members, roommates, or former business partners who jointly purchased property but no longer agree on how to manage or dispose of it. Co-ownership disputes like these frequently require legal intervention and, in many cases, they escalate into full-fledged real estate litigation.
When Do You Need a Partition Lawsuit?
Co-ownership disputes typically arise when one person wants to sell the property and the other wants to keep it. Other times, disagreements center on how the property should be used—whether to rent it, renovate it, or refinance it—and how to divide the associated costs.
Without a written co-ownership agreement, these situations can become messy fast. When negotiations fail, a partition lawsuit may be the only viable path forward under Oregon law.
How Oregon Courts Handle Partition Cases
Three Types of Partition Orders in Oregon
The most common outcome in Oregon partition cases is a partition by sale, where the court orders the property sold and divides the proceeds based on ownership percentages.
In some situations—typically involving rural or undeveloped land—the court may allow a partition in kind, physically dividing the property among the co-owners.
If both parties agree, the court may approve a partition by appraisal, which allows one co-owner to buy out the other at a value set by a neutral, court-approved appraiser.
Step-by-Step Partition Lawsuit Process
This type of real estate litigation begins with a formal complaint filed in Oregon circuit court. The complaint should explain the parties' ownership interests, outline the dispute, and request a court-ordered resolution. The court may appoint a referee (usually a real estate professional) to inspect the property, propose a solution, and oversee the process.
How Sale Proceeds Are Divided
Once the property is sold, the proceeds are divided according to each owner's legal interest. The court may adjust these amounts to account for unequal financial contributions toward the mortgage, property taxes, repairs, or improvements. Sale-related costs—such as attorney fees, court fees, referee costs, and realtor commissions—are typically deducted from the proceeds before distribution.
Partition Lawsuit Timeline and Costs
Real estate partition lawsuits for unmarried homeowners can be emotionally and financially taxing. Typical expenses include:
- Attorney fees (usually paid out of pocket unless reimbursed by the court)
- Court filing fees and administrative costs
- Referee and appraisal fees
- Realtor commissions for court-supervised sales
Some of these costs may be recouped through sale proceeds, but many must be paid during the lawsuit. Most partition lawsuits in Oregon take 8 to 18 months to resolve, depending on the complexity of the case and the court's calendar.
Why You Need an Oregon Real Estate Attorney
Given the financial stakes and legal complexity of real estate litigation, working with an experienced Oregon real estate attorney is essential. Your real estate lawyer can help you assert your rights, document your contributions, handle any negotiation or mediation, and protect your interests throughout the process.
If a buyout is being considered, legal guidance is crucial to ensure the valuation is fair and your share of the property is properly protected.
Frequently Asked Questions About Property Division
Can my ex-partner force me to sell our house?
Yes. If both names are on the deed, either co-owner can file a partition lawsuit in Oregon to force the sale of jointly owned real estate.
What if only one person is on the mortgage but both are on the deed?
Mortgage liability and property ownership are separate legal matters. The person not on the mortgage isn't responsible for loan payments but retains equal ownership rights if named on the deed.
How long does it take to resolve property disputes between unmarried couples?
Most partition lawsuits in Oregon are resolved within 8 to 18 months, depending on the court's caseload and the specifics of the dispute.
How to Prevent Property Disputes: Co-Ownership Agreements
If you're planning to buy property with a romantic or business partner, a friend, or a family member, the best way to avoid a future partition lawsuit is to sign a co-ownership agreement. These agreements establish clear rules about what happens if one person wants to sell, how expenses are handled, and how disputes will be resolved.
A well-drafted co-ownership agreement should include:
- A procedure if one party wants to sell
- How mortgage, tax, and maintenance costs will be shared
- Buyout rights and valuation methods
- A right of first refusal for remaining owners
- A timeline for refinancing or removing an owner from the mortgage
These agreements are simple to create, legally enforceable, and far less costly than litigation.
When to Pursue a Partition Lawsuit
If you're stuck in a co-ownership dispute with a former partner and can't reach an agreement, real estate litigation through a partition lawsuit may be the only way forward. While not ideal, it provides a structured and enforceable path to resolution when negotiations have failed.
At Harris Sliwoski, we've helped many Oregonians resolve complex property division matters through strategic, results-focused real estate litigation. Whether you're trying to sell your interest, retain your property, or enforce your rights, we're here to help.
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