Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Ohio law, any co-owner of real property—known as a cotenant—can force legal partition by filing a partition action in the Court of Common Pleas pursuant to Ohio Revised Code Chapter 5307. The court first evaluates whether the land can be physically divided into separate parcels (partition in kind).
If physical division is impractical or unfair, the court orders a partition by sale. Pursuant to ORC 5307.15, the court appoints a commissioner to oversee a public auction. After sale, net proceeds distribute among the owners in accordance with ORC 5307.16.
Main steps include:
- Pleading a complaint for partition and serving all cotenants.
- Attending hearings to examine the feasibility of division in kind under ORC 5307.13.
- If division in kind fails, obtaining a court order for sale.
- Commissioner conducts the public auction under court supervision.
- Court distributes net proceeds to each cotenant per ownership share.
Helpful Hints
- Gather deeds, titles, and mortgage statements before filing.
- Confirm ownership shares and identify all cotenants early.
- Consider mediation or settlement discussions to save time and costs.
- Consult a real estate attorney to navigate procedural requirements.
- Prepare for potential delays if cotenants contest the action.