Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 105.245

Sale or partition ordered by court

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      105.245 Sale or partition ordered by court. If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall enter a judgment requiring a partition according to the respective rights of the parties, as ascertained by the court. The court shall appoint three referees to partition the property and shall designate the portion to remain undivided for the owners whose interest remain unknown or not ascertained. [Amended by 2003 c.576 §362]

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1956–2025 · leading case: Ark Land Co. v. Harper
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Ark Land Co. v. Harper (2004) wva · cites it 2× “12, § 1509 (West 1993); Or.Rev.Stat. § 105.245 (2003); Pa. Cons.Stat.”
Haggerty v. Nobles (1966) or · cites it 2× “The court, being of the opinion that the property could not be partitioned “without great prejudice to the owners,” ORS 105.245, ordered its sale. The defendants Nobles have appealed from the interlocutory decree.”
McMillan v. Follansbee (2004) orctapp “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.”
Manley v. McKinney (2021) orctapp · cites it 2× “]” ORS 105.245. In his complaint, plaintiff alleged that defendant and Manley’s heirs were “equal one-half owners as ten- ants in common” and that they were unable to agree on the management of the property.”
Maupin v. Opie (1998) orctapp · cites it 5× “If an equal and equitable partition of the Property cannot be made without great prejudice to the owners of the Property; then to arrange for the sale of the Property and a distribution of the proceeds in accordance with ORS 105.245 and 105.285, all in accordance with the…”
Kittredge v. O'KEEFE (2008) orctapp · cites it 4× “The parties’ dispute as to the proper disposition of the property triggered the process prescribed in ORS 105.245, which provides: *602 “If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an…”
Carter v. Smith (2025) orctapp “See ORS 105.245 (requiring the court, upon determining that partition is appropriate, to “enter a judgment requiring a partition according to the respective rights of the parties” and “appoint three refer- ees to partition the property”); ORS 105.”
Doan v. Doan (1956) or “235) contains any such requirement; while ORS 105.245, which authorizes the court to order a sale of the property where partition cannot be made without great prejudice to the owners, expressly dispenses with the necessity for any pleading on that subject.”
Brogoitti Et Ux v. Brown Et Ux (1962) or “Acting pursuant to ORS 105.245, the court appointed three referees to partition the property who later filed a report.”
Jones v. Jones (2004) orctapp “1 In February 2000, Conrad, Ila, and Derwood filed suit to partition the property, and they requested a public sale pursuant to ORS 105.245 to 105.405. 2 In April 2000, Norman conveyed his one-quarter interest to defendant with the understanding that Norman could remain living…”
Dressler v. Dressler (1972) or “” ORS 105.245 requires the trial court to appoint referees to determine the physical division of the property after the court has made the initial decision that a partition be made.”
Ferguson v. Ferris (1994) orctapp “A court may order a sale of property under ORS 105.245 if it appears “that the property or any part of it is so situated that partition cannot he made without great prejudice to the owners * * *.”
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