Are you in disagreement with someone or others in a real estate deal? You deserve a fair share.
Here are some key things to know about using a court appointed referee to partition real estate:
Purpose - When co-owners of real property cannot agree on how to divide or manage the property, one or more owners can petition the court to partition the property.
If the court orders partition, a referee may be appointed to recommend how to physically divide the property or whether it should be sold instead.
Appointment process - A party requests appointment of a referee in the partition lawsuit.
The court will select an impartial referee, often a real estate professional or attorney with partition experience.
All co-owners are parties to the referee proceedings.
Referee's duties - The referee will determine if physical partition is possible or advantageous given the nature of the property.
If so, the referee surveys the property and recommends how to fairly divide it.
If not, the referee values the property and oversees the sale process, typically by auction.
Referee's report - The referee submits a report to the court explaining the recommended partition method and terms or the property valuation and sale recommendations.
The court reviews and generally approves the referee's report.
Partition by court order - Once the referee's report is adopted, the court will issue a final judgment ordering the partition or sale of the property pursuant to the referee's recommendations.
The referee may be tasked with overseeing the partition implementation.
Payment - The referee's fees are paid from the proceeds of a court-ordered property sale or directly by the co-owners if the property is physically partitioned.
So in summary, the referee takes on the complex tasks of valuing the property, determining if partition is feasible, and proposing how to fairly divide or sell the property to resolve the co-owners' dispute.
The court retains authority to approve the referee's recommendations and order the partition or sale.
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ORS 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]
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