Partition Actions in Ohio: Forcing Sale of an Inherited Ownership Interest

Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and each case is different. Consult a licensed Ohio attorney to protect your rights.

Detailed answer: How partition works in Ohio and how to start a forced-sale action

If you inherited an ownership interest in family land and a co-owner will not agree to sell, you can ask an Ohio court to divide the property or force its sale through a partition action. Ohio law governing partition actions appears in Chapter 5307 of the Ohio Revised Code (Ohio Rev. Code ch. 5307), which explains the court’s power to divide property or order a sale when division is impracticable. See, in particular, the opening provisions at Ohio Rev. Code § 5307.01.

1. Who can bring a partition action?

Any person who holds a legal interest in real property—most commonly owners in common—may file a partition action in the common pleas court in the county where the land is located. This includes heirs who inherit an interest through a will or by intestacy when the title vests in multiple people and no single person has sole ownership.

2. Types of co-ownership and why it matters

Two common forms of multi-person ownership are tenancy in common and joint tenancy. Tenancy in common is the most typical for inherited interests: each owner has a separate fractional share that can pass to heirs. Joint tenancy sometimes includes rights of survivorship, which may change who holds title after a death. Before filing, confirm the form of ownership by reviewing the deed and any probate records.

3. Basic step-by-step process to file a partition action in Ohio

Gather documents: deed or title record, death certificate, will or probate information (if relevant), mortgage statements, tax bills, and any agreements among owners.
Identify all parties: name every person or entity with an ownership interest, and all lienholders (mortgagees, judgment creditors). The court requires that all owners and lienholders be named and given notice.
Prepare the complaint for partition: The complaint asks the court either to divide the property physically (partition in kind) or, if division is impracticable, to appoint commissioners to sell the property and divide proceeds. Describe the property, your ownership interest, and why partition is necessary.
File in the proper court: File the complaint in the county common pleas court where the property sits. Pay filing fees or request fee waivers if eligible.
Serve the defendants: Serve all co-owners and lienholders with the complaint and summons according to Ohio civil procedure rules.
Court procedures: The court may set hearings, appoint commissioners, order an accounting of rents and expenses, and decide whether partition in kind is possible. If partition in kind is impracticable, the court will order sale and direct how proceeds will be distributed after paying liens, costs, and any credits.

Ohio law prefers division in kind if it is practical. When physical division would result in unfairness or is impossible (for example, a single-family house on one lot that cannot be reasonably split), the court typically orders a sale and divides the net proceeds among owners according to their shares.

4. What happens after you file?

After filing, expect these common events:

The court may appoint commissioners or referees to evaluate the property, recommend division, set a sale price, or conduct the sale.
The court can order an accounting of rents, taxes, repairs, and profits so it can adjust distributions to reflect payment responsibilities.
If someone has paid more than their share of expenses (e.g., mortgage or taxes), the court can credit that payment before dividing net proceeds.
Creditors with valid liens are generally paid from sale proceeds before owners receive distributions.

5. Timing and cost considerations

Partition actions vary in length. Simple, uncontested partitions may close in a few months; contested matters that require valuation disputes, multiple hearings, or appeals can take much longer. Expect court costs, possible appraiser or commissioner fees, and attorney fees if you hire counsel. The partition sale process can also reduce the sale price compared with an ordinary sale, so owners often weigh negotiated sales or buyouts first.

6. Alternatives the court and owners consider

Courts encourage resolution outside litigation when possible. Common alternatives include:

Negotiated buyout: One owner buys the others’ shares using an agreed price or appraisal.
Private sale: Owners agree to sell the property on the open market and split proceeds.
Mediation: A neutral mediator helps owners reach an agreement on sale or division terms.

If parties settle before the court divides or sells, the court can approve a settlement and entry that implements the agreement.

7. Post-sale distribution and taxes

After sale and payment of liens, taxes, and court-ordered costs, the court distributes proceeds according to each owner’s legal share. Each seller should consult a tax professional about potential capital gains or other tax consequences from the sale.

Helpful Hints

Confirm ownership type: Review the deed and probate records to confirm whether you own as tenant in common or joint tenant.
Collect documents early: Deeds, wills, probate filings, mortgage statements, tax bills, and receipts for repairs or payments help the court allocate costs.
Notify lienholders: Failing to name mortgagees or lienholders can complicate or undo a sale—identify and include them in the action.
Consider a negotiated sale first: A private sale or buyout can save time and reduce legal costs compared with court-ordered sale.
Get an appraisal or market analysis: A professional valuation helps set realistic expectations and supports buyout offers or court arguments.
Budget for fees: Court filings, appraisals, commissioner fees, and attorney fees will reduce net proceeds; factor those into any settlement offer.
Think about taxes early: Speak to an accountant about potential capital gains, basis adjustments, and timing of sale proceeds.
Hire an Ohio real property attorney if possible: An attorney can prepare the complaint, identify all necessary parties, help negotiate, and represent you at hearings.
Use mediation: Courts often allow or order mediation and it can be a fast, cost-effective way to reach a sale agreement.
Be realistic about outcomes: Courts can force a sale even if one owner objects; prepare for that possibility when deciding whether to litigate.

For the statutory framework that governs partition actions in Ohio, see Ohio Rev. Code ch. 5307: https://codes.ohio.gov/ohio-revised-code/chapter-5307. For the basic partition authority, see Ohio Rev. Code § 5307.01.

If you decide to proceed, consider consulting a licensed Ohio real estate attorney to review your documents and guide you through filing the complaint and managing any negotiations, hearings, or sale process the court orders.