§ 105.205 Who may maintain partition
§ 105.210 When and how partition prevented
§ 105.215 Complaint
§ 105.220 Tenants and lien creditors as defendants; liens on undivided interests
§ 105.225 Summons; to whom directed
§ 105.230 Service by publication
§ 105.235 Answer
§ 105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary
§ 105.245 Sale or partition ordered by court
§ 105.250 Compensation when partition cannot be made without prejudice to partys interest
§ 105.255 How referees make partition; report
§ 105.260 Power of court over report; final judgment
§ 105.265 Persons not affected by judgment
§ 105.270 Order of sale on referees report
§ 105.275 Conclusiveness of order confirming report
§ 105.280 How sale made; notice of sale
§ 105.285 Distribution of proceeds of sale
§ 105.290 Distribution of proceeds by referee or payment into court
§ 105.295 Continuance of suit after proceeds paid into court
§ 105.300 When lienholder has other securities
§ 105.305 Credit allowed
§ 105.310 Setting off estate for life or years in part not sold
§ 105.315 Disposition of life estate or leasehold
§ 105.320 Compensation of tenants in case of sale
§ 105.325 When court determines value of tenancy
§ 105.330 Rules for determining value of certain estates
§ 105.335 Protection of unknown tenants
§ 105.340 Provision for future rights or interests
§ 105.345 Notice of terms of sale; separate sale of distinct parcels
§ 105.350 Purchase by referee, conservator or guardian forbidden
§ 105.355 Report of sale
§ 105.360 Exception to report; confirmation of sale; order of confirmation
§ 105.365 Purchase by encumbrancer or party entitled to share
§ 105.370 Investment of proceeds for certain parties
§ 105.375 In whose name securities taken or investments made
§ 105.380 When securities are payable to parties
§ 105.385 Clerks treatment of securities and investments
§ 105.390 When proceeds paid to conservator or guardian of infant
§ 105.395 Payment of proceeds to conservator of incapacitated person
§ 105.400 When conservator or guardian may consent to partition
§ 105.405 Costs and expenses of partition

Terms Used In Oregon Statutes > Chapter 105 > Partition

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequeath: To gift property by will.
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • county court: includes board of county commissioners. See Oregon Statutes 382.005
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100