Detailed Answer — step-by-step guide under Ohio law

This section explains the practical steps to start and pursue a partition (division) action in Ohio when you inherit property with one or more co‑owners who refuse to agree to a voluntary division or sale. Ohio law governing partition actions is in Chapter 5307 of the Ohio Revised Code. See Ohio Rev. Code ch. 5307: https://codes.ohio.gov/ohio-revised-code/chapter-5307.

1. Confirm ownership and the type of ownership interest

   Before filing, identify who legally owns the property and the nature of each owner’s interest. Common scenarios after someone dies:

   • Heirs own the property as tenants in common (most common for inherited property).
   • Property might be held as joint tenants with right of survivorship (survivor owns whole).
   • Property could still be in the decedent’s name and subject to probate — ensure the decedent’s estate administration is complete or that the personal representative has authority to act.

   Run a title search or obtain a certified copy of the deed, death certificate, and any probate documents to establish ownership.

2. Confirm you have standing to bring a partition action

   Under Ohio law, an owner of an undivided interest in land may bring a partition action in the county Common Pleas Court where the property is located. See Ohio Rev. Code § 5307.01 and related sections: https://codes.ohio.gov/ohio-revised-code/section-5307.01.

3. Try negotiation and provide a demand letter first

   Court filings are costly and take time. Send a written demand to the co‑owner asking for voluntary partition, sale, or buyout. Include a reasonable deadline. Save proof of delivery (certified mail, process server, or email with read receipt) — the court will want to see efforts to resolve before spending resources on litigation.

4. Prepare and file a partition complaint in the county Common Pleas Court

   If negotiations fail, file a civil action for partition in the Common Pleas Court where the land is located. The complaint should:

   • Name all owners and any lienholders or mortgagees as defendants.
   • Describe the property and each plaintiff’s and defendant’s claimed interest.
   • Ask the court for partition in kind (physical division) or, if division in kind is impractical, partition by sale and distribution of proceeds.
   • Ask for appointment of partition commissioners and any accounting for rents, profits, taxes, and repairs.

   Ohio statutes set out procedural rules for partition actions. See Ohio Rev. Code § 5307.02 for complaint requirements: https://codes.ohio.gov/ohio-revised-code/section-5307.02.

5. Serve all required parties

   Serve each co‑owner and any recorded lienholders according to Ohio rules of civil procedure. If you cannot locate a defendant, the court allows service by publication in some cases. Proper service is essential — improperly served parties can later challenge the judgment.

6. Court appointment of partition commissioners and inspection

   If the court finds partition appropriate, it may appoint commissioners to examine the property and propose a division. Commissioners will report back with a proposed division or, if a fair division is not practical, recommend a sale and allocation of proceeds. See Ohio Rev. Code § 5307.05 (appointment and duties of commissioners): https://codes.ohio.gov/ohio-revised-code/section-5307.05.

7. If physical division is impractical — partition by sale

   When the property cannot be fairly divided, the court will order a sale (public auction or private sale under court supervision) and divide proceeds among owners according to their interests after paying liens, taxes, and allowable costs. Ohio law provides procedures for sale and distribution — the court has discretion on sale method.

8. Request interim relief if necessary

   If a co‑owner is damaging the property, refusing to pay mortgage/taxes, or occupying the property exclusively, ask the court for temporary relief. The court can award use and occupy compensation, require the payment of taxes and mortgage installments, or place rents and profits into escrow pending final outcome.

9. Final judgment, sale, and distribution

   After commissioners’ report and any objections, the court issues a final judgment ordering partition in kind or sale. The judgment directs how proceeds are divided and who pays costs. Obtain a certified copy of the judgment to clear title after sale.

10. Post‑judgment steps: title, taxes, and IRS considerations

    After sale and distribution, update title records and ensure mortgages and liens are satisfied. For inherited property, consult a tax advisor about potential capital gains consequences and cost basis issues for proceeds from the sale.

Timing and costs: Partition actions vary in length — typically several months to over a year depending on complexities, objections, and whether sale is contested. Expect court fees, possible commissioner fees, appraisal costs, and attorney fees if you hire counsel.

Where to file and local resources: File in the Common Pleas Court of the county where the real property sits. For forms and procedural help, see Ohio Legal Help: https://www.ohiolegalhelp.org/, and the Ohio Revised Code chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter-5307.

Helpful Hints — practical tips for inherited property partition in Ohio

• Gather documents first: deed, death certificate, probate papers, mortgage statements, tax bills, insurance, and lease or occupancy agreements.
• Confirm whether the property passed by probate or by survivorship — this can affect who has authority to act.
• Try mediation or neutral appraisal before filing — courts often encourage settlement and this can save time and money.
• Include all lienholders in the suit; unpaid mortgages or liens can block a clean sale or title transfer.
• Keep records of repairs, payments of taxes, and any rental income — the court may adjust distributions based on contributions or waste.
• If an occupying co‑owner refuses to allow inspection or sale, ask the court for injunctive relief or appointment of a receiver.
• Be realistic about division in kind: dividing a single family home physically among multiple owners is often impractical; courts commonly order sale and distribution.
• Talk to an Ohio real estate litigator or an estate attorney early. Partition law interacts with probate, tax, and real estate law — local counsel can explain county practice and estimate costs.