When co-owners disagree: forcing a sale of real property in Ohio

Short answer: If a co-owner refuses mediation, an Ohio co-owner can generally ask a court to partition the property. The court can order a physical division (partition in kind) if feasible or compel a sale and divide the proceeds (partition by sale). This process is governed by Ohio’s partition laws and is handled in the county common pleas court. See Ohio Rev. Code Chapter 5307 for the statutory framework: https://codes.ohio.gov/ohio-revised-code/chapter/5307.

Detailed answer — step-by-step, plain English

Start by understanding what “partition” means. In Ohio, partition is the legal process that lets co-owners end joint ownership when they cannot agree. The court will either divide the land physically (partition in kind) if that can be done fairly, or order a sale and split the money among owners (partition by sale). The partition statutes and procedures are in Ohio Rev. Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.

Confirm your ownership and prepare documentation.

Gather the deed, mortgage and lien information, tax bills, insurance policies, property survey (if you have one), repair records, rent records (if rented), and any written agreements between co-owners. These documents show ownership shares and liens that affect how proceeds will be distributed.
Try a last offer or buyout before suing.

Even if mediation failed, a written buyout offer or demand letter can be effective. Offer to buy the other owner’s share at market value, or propose terms for a private sale. Keep records of offers and responses; a court will consider attempts to settle.
File a partition action in the county common pleas court (real property/general division).

If negotiation fails, file a civil complaint asking the court to partition the property. In your complaint you request either partition in kind or, if that is impractical, sale. The court will serve the other co-owners and any lienholders.
Court evaluates whether partition in kind is feasible.

The court favors dividing property physically when the land can be divided fairly without substantially reducing value. If the land cannot be divided fairly (for example, a single-family home on one lot), the court typically orders a sale. The statutory guidance for partition is in Ohio Rev. Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.
Commissioners, appraisals, and sale process.

The court may appoint commissioners or referees to evaluate the property, prepare an appraisal, and recommend division or sale terms. If the court orders sale, it will supervise or authorize a public sale (often at auction) or allow a private sale under court supervision. Sale proceeds pay liens, court costs, and then are distributed to owners according to their ownership interests.
Consider offsets, credits, and liens.

Courts can adjust distributions for payments made by one co-owner (mortgage, taxes, repairs) that benefited the property. Liens and mortgages are typically paid from sale proceeds before owners receive their shares.
Watch for bankruptcy or other delays.

If a co-owner files bankruptcy, an automatic stay may temporarily block the partition sale. Also expect the process to take several months or longer depending on court caseloads and complexity.
After the sale — distribution and tax consequences.

After sale and paying liens and costs, the court distributes net proceeds to co-owners. Each owner should consult a tax advisor about capital gains tax and possible 1031 exchange options if reinvesting proceeds.

Hypothetical example (simple)

Two siblings own a single-family home as tenants in common. One sibling has stopped cooperating and refuses mediation. The other files a partition action under Chapter 5307. Because the house sits on a single lot and cannot reasonably be split, the court orders a sale. A court-appointed commissioner obtains an appraisal, the court authorizes a public sale, liens are paid, and the siblings split the net proceeds according to their ownership shares.

When mediation ends and what the law allows

Mediation is often encouraged but not always required. If your co-owner refuses further mediation, you do not lose the right to seek partition in court. The court may still encourage or order ADR, but it can proceed to decide on partition and sale if settlement fails.

Where the statutes live

Ohio’s partition rules are found in Ohio Revised Code Chapter 5307. The chapter explains who may bring a partition action, how the court decides between partition in kind and partition by sale, and the role of commissioners and sale procedures. See: Ohio Rev. Code Chapter 5307 — Partition. For the basic statutory definition and purpose, see section 5307.01: https://codes.ohio.gov/ohio-revised-code/section-5307.01.

Helpful Hints

Gather proof of ownership first: deed, title report, and any written agreements specifying shares.
Collect expense records: mortgage payments, property taxes, insurance, repairs, and rent receipts. Courts may credit contributions by one co-owner.
Get a professional appraisal early. Knowing fair market value strengthens buyout offers and court filings.
Offer a buyout before filing. A written, documented offer can be persuasive and is often cheaper than litigation.
Know liens and mortgages: secured debts must be paid from sale proceeds in most cases.
Expect time and costs: partition actions take time and involve filing fees, appraisal costs, and possibly auction expenses or court-appointed commissioner fees.
Watch for bankruptcy filings. A co-owner’s bankruptcy can pause the sale through an automatic stay.
Consult an Ohio real estate attorney for strategy: an attorney can prepare the complaint, handle service, request equitable adjustments, and represent you at hearings.
Consider tax advice. Sale proceeds can trigger capital gains tax; talk to a tax professional before finalizing sale plans.
Even after filing, stay open to mediation. Courts and owners often return to negotiation once the relative positions are clearer.

Next practical steps: review your deed, get an appraisal or market analysis, send a clear written buyout or settlement offer, and if that fails, file a partition complaint in the county common pleas court where the property sits. If you decide to file, consult an Ohio attorney experienced with partition actions to prepare the paperwork and represent you in court.

Disclaimer: This article explains general Ohio law and common procedures but is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Ohio attorney.