Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 105.205

Who may maintain partition

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      105.205 Who may maintain partition. When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

Notes of Decisions
Cited in 33 cases (6 in the last 5 years), 1966–2026 · leading case: Fike v. Sharer
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Fike v. Sharer (1977) or · cites it 8× “This is a statutory proceeding for partition of jointly held real property brought under ORS 105.205 et seq. The trial court, sitting without a jury, issued a decree denying partition and ordering plaintiff to transfer her interest in the property to defendant upon defendant’s…”
Carter v. Smith (2025) orctapp · cites it 12× “Smith contends that the trial court erred in partitioning the trust’s real property under ORS 105.205 because the trust was the sole owner of the property and ORS 105.”
McMillan v. Follansbee (2004) orctapp · cites it 2× “See ORS 105.205 -105.405. ORS 105.205 provides that a person holding real property as a tenant in common may seek to partition the property according to the respective rights of the parties holding an interest in the property.”
Glenn v. Glenn (2021) orctapp · cites it 2× “Plaintiff Aszemar Glenn filed this partition action pursuant to ORS 105.205,2 seeking to force the sale of the Glenn family home and to distribute the proceeds, in part to Multnomah County to satisfy its outstanding tax lien and to avoid an impending foreclosure, with the…”
In Re Odegaard (1983) orb · cites it 2× “ORS 105.205. If a division of the property into separate parcels cannot be had without great prejudice, the court may order sale of the property and a division of the proceeds.”
Berger v. Stephan (2011) orctapp · cites it 2× “2 Freidrich and Erika 3 sought a partition or sale of the property pursuant to ORS 105.205. 4 They also sought the recovery of funds from Kristine for loans and logging revenues.”
Jones v. Randle (2016) orccmultnomah “In response, defendant raised the affirmative defense of judicial estoppel, asserting that plaintiff could not maintain any claim based on her ownership interest in the house, because she had failed to disclose that interest in two separate Chapter 13 bankruptcy proceedings.”
Webb v. Underhill (1994) orctapp · cites it 5× “In this action to partition real property, ORS 105.205, plaintiffs appeal from a summary judgment for defendant.”
Haggerty v. Nobles (1966) or · cites it 2× “As we view the case the real question is whether if, as the defendant James Nobles would have it, one parcel of 85 acres on which are located the dwelling and other farm buildings were set apart to him, the market value of the remaining (approximately) 600 acres would be…”
Maupin v. Opie (1998) orctapp · cites it 10× “In their fifth and sixth assignments of error, defendants argue that the trial court did not correctly follow the “dispositional hierarchy’ set forth in the partition statutes, and particularly in ORS 105.205, which provides, in part: “When several persons hold real property as…”
Webb v. Underhill (2001) orctapp “ORS 105.205. Underhill assigns error to three trial court rulings that preceded the entry of the default judgment: (1) the denial of her motion to dismiss this action under ORCP 21 A(3) on the ground that another action was pending between the same parties for the same cause; 1…”
Manley v. McKinney (2021) orctapp · cites it 2× “Under ORS 105.205, when two people hold real property as tenants in common, either one of them “may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it…”
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