Options to Force Sale or Division of Real Property You Still Co-Own After Divorce (Ohio)

Detailed Answer

If you and your former spouse still own real property together after divorce, you have several paths to end the joint ownership. The main options are: voluntary resolution (sale or buyout), refinancing or deed transfer, or a court-ordered partition action. Which path makes sense depends on the title type, mortgage status, the divorce decree, and whether you can reach agreement with your ex.

1) Try to resolve the issue without court

Start by negotiating. Common non‑court solutions include:

One party buys out the other’s share using savings, a loan, or a home equity refinance.
Both owners agree to list and sell the property and split proceeds (paying liens, closing costs, and taxes first).
One owner transfers title to the other by quitclaim or warranty deed, often after the buyer refinances to remove the other name from the mortgage.

These options are usually fastest and cheapest. If a mortgage exists, the lender will generally require the borrower who remains on title to qualify on their own for any refinance.

2) Partition action (court-ordered division or sale)

If you cannot agree, Ohio law provides a statutory remedy: a partition action. Under Ohio Revised Code Chapter 5307, a co-owner can ask the court to divide the property physically (partition in kind) or to order a sale and divide the proceeds (partition by sale) if a physical division is impractical.

Key points about partition actions:

A partition complaint is generally filed in the county Court of Common Pleas where the property sits.
The court may appoint a commissioner to survey and divide land if it can be fairly divided. If dividing is impractical or inequitable, the court may order a sale and divide net proceeds among the owners after paying liens and costs.
Statutory text about partition and the court’s powers appears in Ohio’s partition statutes; see, for example, Ohio Rev. Code § 5307.01 and related sections: https://codes.ohio.gov/ohio-revised-code/section-5307.01.

A partition sale does not automatically relieve either co-owner from a mortgage. Lenders retain their lien rights, so sale proceeds typically pay mortgage(s) first. If the mortgage balance exceeds sale proceeds, a deficiency can remain against the borrower(s) who signed the loan.

3) Enforcement of divorce decree or settlement

If the divorce decree or marital settlement explicitly required selling the property or transferring title, you may be able to enforce that order through the divorce court. The court that entered the decree can enforce its orders, including by contempt, appointment of a receiver, or other remedies to accomplish the transfer or sale.

The statute governing property division in divorce is Ohio Rev. Code § 3105.171 (equitable division of marital property). See the statute here: https://codes.ohio.gov/ohio-revised-code/section-3105.171. If the decree left both names on title, you still have the partition remedy described above unless the decree included other enforcement provisions.

Practical considerations and consequences

Timeframe: Partition or enforcement litigation can take many months and sometimes over a year depending on court backlog and complexity.
Costs: Expect attorney fees, court costs, appraisal and survey fees, commissioner fees, and real estate closing costs if a sale occurs.
Mortgage & liens: Outstanding mortgages, tax liens, or judgments will be paid from sale proceeds in priority before owners get their share. Partition does not erase a lender’s security interest.
Tax consequences: Sale or buyout can create capital gains or other tax effects. Consult a tax advisor before completing a sale.
Title issues: Confirm whether title shows tenancy in common, joint tenancy with right of survivorship, or some other form. Partition is typically available to co-owners regardless of form, but title type affects rights and survivor issues.

How a Partition Case Works (Typical Steps)

File a complaint for partition in the county Court of Common Pleas where the property sits.
Serve the other owners and any record lienholders.
Court may order appraisal and may appoint a commissioner to attempt a division or to arrange sale.
If sale is ordered, property is marketed and sold; net proceeds are distributed according to each owner’s legal interest after paying liens and costs.
If the property is capable of being fairly divided, the court may allocate physical parcels to each owner instead of ordering sale.

Helpful Hints

Gather documents: deed, divorce decree, mortgage statements, tax bills, insurance information, and any written settlement or buyout agreement.
Check title and liens early with a title report.
Get an appraisal to understand current fair market value before negotiating or filing suit.
Discuss mediation — many courts prefer or require alternative dispute resolution before lengthy litigation.
If you want to stay in the home, explore refinancing or assumption options with the lender to remove your ex from the mortgage.
Consider the costs of litigation vs. a negotiated buyout or sale. A modest buyout can be cheaper than a long court fight.
Ask about asking the court for a temporary order requiring the other owner to contribute to mortgage, taxes, or insurance while litigation proceeds.
Talk to a real estate attorney about whether partition, enforcement of the divorce decree, quiet title, or other remedies best fit your facts.

Next Steps

If you want to force a sale or division, consult an Ohio real estate or family law attorney. They can review the divorce decree, title, liens, and other documents to advise whether a partition action, enforcement motion in the divorce case, or negotiated resolution is the most effective route.

Disclaimer: This article explains general Ohio law and common procedures. It is informational only and not legal advice. For advice about your specific situation, contact a licensed Ohio attorney.