We own a cabin jointly. The other partner refuses to approve of improvements to the cabin that are needed due to a flood. By contract, projects have to be approved by unanimous vote. They won't vote for repairs. Is suing for partition the best and only option available to us?
Based on the limited facts available, it's not clear that it's either the best option, or the only option, or if it's really even an option at all. There could be any number of theories you can proceed under, depending on what your ultimate objective is, what your tolerance for litigation might be, and what the response of the opposing party might be.
It's difficult to put a number on just what the "average" cost of a lawsuit might be, as the cost can be affected greatly by a number of external factors, including the complexity of the issues, the contract itself and, most importantly, the response of the other party.
Many attorneys would likely require a retainer of between $1000-$2000 to begin work on such a case, with the understanding that that cost alone is not sufficient to proceed through to a trial if one is ultimately necessary. Depending on the time involved and the amount of witnesses (and experts) necessary, taking a case to trial can cost as little as $5000 to $8000, or as much as $15,000 to $20,000, and possibly much more.
You should consult with a real estate attorney in your area about your options in proceeding.
I Agree with Kevin Parks on costs and the general process you can expect. I would only add that it's important to understand the other party's motivation. Do they want the cabin, but simply disagree with your improvement project? Are they simply trying to get you to buy them out at a higher price? What is their tolerance for attorney fees?
The partition statute does give you the right to require a sale of the property if it can't be physically split, which this being Oregon, I assume would be impossible. Filing an action for partition will make the other owner chose about what they really want here. However, fair warning. Some people consider the real estate they own like the most important asset they have. And a partition action can be like a divorce with both parties wanting custody. Sometimes the positions people take in these cases is not based on rational business decisions. So, the best option initially may be to offer to buy or sell to your partner at a set price. Remember, the money you spend on attorney fees could have been spent on buying your partner out.
Here are a couple of options.
One owner sets the price and the other owner gets to decide to either buy, or sell, at that price. That makes the person setting the price come up with a reasonable value.
If one party wants to buy and the other sell, you can also agree to jointly hire an appraiser, splitting the cost, and agreeing to the appraisers valuation.
If neither of you can get a loan, or have ready cash, then agreeing on a down payment and the seller carrying the contract can be a good outcome because it can produce steady income to the seller at an interest rate you can't get from most other investments.
Good Luck.
