Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance related to your circumstances, consult a licensed Ohio attorney.
Detailed Answer
Ohio Partition Action Basics
In Ohio, co-owners of real property may pursue a partition action under Ohio Revised Code Chapter 5307 to divide or sell jointly held land. A partition action lets the court physically divide the land or order its sale and allocate proceeds among owners. See Ohio Rev. Code §5307.01 and §5307.02 for definitions and procedures.
When You Can File a Partition Action
Before either spouse files a divorce petition, no automatic restraining order applies. You may file a partition action at any time after separation if you and your spouse own the property as tenants in common or joint tenants with right of survivorship. Ohio does not recognize tenancy by entirety for real estate, so most married couples hold title in one of these two forms. Review your deed or title to confirm.
Once a divorce petition is filed, Ohio Rev. Code §3105.21 imposes an automatic stay on selling, transferring or encumbering marital assets. That stay prevents any partition attempt without court permission.
Impact on Divorce Property Division
Ohio Rev. Code §3105.171 requires equitable division of marital property at divorce. Even if you partition or sell property before filing, the divorce court can consider that transaction when dividing assets. A partition action may affect how much equity remains to divide, but the court still reviews whether each spouse’s share is fair under all circumstances.
Helpful Hints
- Confirm ownership form by reviewing your deed or title report.
- Check Ohio Rev. Code §5307.01 for partition action eligibility.
- File for partition before initiating a divorce petition to avoid automatic stays under §3105.21.
- Consider the effect of partition on marital equity and potential division under §3105.171.
- Gather financial records, appraisals and title documents before filing.
- Discuss strategy with both a family law attorney and a real estate attorney in Ohio.