Menten and Deatherage

"ORS 107.105(6) explicitly authorizes parties who have an undivided interest in real property pursuant to a dissolution judgment to maintain a proceeding for the 'partition' of the property." See Abrahram v. Goff, 85 Or App 595, 597, 737 P2d 971 (1987).

Wife appealed to set aside the supplemental judgment awarding property to Husband for lack of subject matter jurisdiction. On appeal, Wife argued that the trial court did not have authority to modify a property division in a dissolution judgment.  "ORS 107.105(6) explicitly authorizes parties who have an undivided interest in real property pursuant to a dissolution judgment to maintain a proceeding for the 'partition' of the property." See Abrahram v. Goff, 85 Or App 595, 597, 737 P2d 971 (1987). Both parties had an undivided interest in a piece of property. After Wife was unable to buy out Husband’s half, the parties in effect requested the trial court “partition” the parties’ property interests. Therefore, because the trial court had subject matter jurisdiction to address the partition of the property interests under ORS 107.105(6), the trial court did not err. Affirmed.