Disclaimer
This information is educational only and is not legal advice. It explains general Ohio law about partition actions and common steps people take. For advice about your specific situation, consult a licensed Ohio attorney.
Detailed Answer
Below is a plain-language, step-by-step explanation of how a person in Ohio commonly proceeds when they want to force the sale of real estate that belonged to a deceased parent. The process described follows Ohio’s partition statutes and common court practice.
1. Confirm who holds legal title and what type of ownership exists
Before filing anything, determine how title was held:
- Check the deed recorded at the county recorder’s office. The deed shows whether the property was owned solely by your father, jointly with someone else, or in another form (e.g., trust).
- If the deed named your father alone, the property passed to his heirs or to a beneficiary through probate (unless there was a survivorship interest or trust). If it was joint tenancy with survivorship, the surviving joint tenant may own the property outright.
- If the property already passed to multiple heirs as tenants in common (either by deed or by operation of probate), any co-owner can generally seek partition under Ohio law. See Ohio Rev. Code § 5307.01 for when partition may be made: https://codes.ohio.gov/ohio-revised-code/section-5307.01.
2. If title passed through probate, make sure the estate is properly handled
If your father’s estate has not been administered, you may need to open probate so that heirs’ interests are properly established and any appointed personal representative (executor/administrator) can act. If a personal representative has been appointed, that representative may be the correct party to bring a partition action on behalf of the estate or to convey interests to the heirs first. Speak with the probate court clerk in the county where your father lived.
3. Try to resolve the matter voluntarily first
Courts favor settlement. Before filing a lawsuit, try: a) a buyout agreement where one co-owner purchases the other shares, b) a professional appraisal followed by negotiated sale, or c) mediation. Voluntary sale is typically faster and less expensive than court-ordered partition.
4. When to file a partition complaint and where
If negotiations fail, a co-owner (or someone with an ownership interest derived from the decedent) can file a complaint for partition in the county Court of Common Pleas (General Division) where the property is located. The complaint should:
- Name all persons with a recorded or claimed interest in the property (including heirs, devisees, mortgagees, lienholders and any claimants);
- Provide a legal description of the property (from the deed);
- Allege your ownership interest or the interest you represent; and
- Ask the court to divide the property in kind if feasible or, if not feasible, to order sale and distribute proceeds according to ownership shares.
5. Service of process and joining all necessary parties
Ohio law requires that all persons having any ownership or recorded interest be served so the court can fully resolve title and distribution. If minors or unknown heirs are potential claimants, the court may require additional steps (appointment of a guardian ad litem or publication) to protect their rights.
6. Partition in kind vs. partition by sale
The court will examine whether the property can be physically divided (partition in kind). If division would be unfair or impractical, the court may order sale. Ohio’s partition statutes authorize sale when division is impractical; see Ohio Rev. Code § 5307.06 on partition by sale: https://codes.ohio.gov/ohio-revised-code/section-5307.06.
7. Appointment of commissioners and the sale process
If the court orders partition, it often appoints commissioners (or a commissioner) to examine, value, and either divide or sell the property. The statutes explain the commissioners’ role, reporting, and confirmation of sales. The court will supervise the process, require appraisals or reports, set terms of sale, and then confirm the sale and direct distribution of proceeds after liens and costs are paid.
8. Liens, mortgages, costs and distribution
Mortgage liens and other recorded encumbrances normally remain attached to the property and must be satisfied from sale proceeds before distributing net proceeds to owners. Court costs, commissioners’ fees, advertising and sale expenses, and sometimes attorneys’ fees are deducted. The remaining funds are divided according to each owner’s legal share.
9. Timing and cost expectations
Partition actions can take several months to over a year depending on complexities (probate issues, number of parties, contested claims, and whether a sale is contested). Costs include filing fees, service costs, appraisals, commissioners’ fees, and attorney fees if you hire counsel.
10. Practical considerations and common complications
- If title is unclear, obtain a title search early.
- If there are unpaid property taxes or a mortgage, those obligations influence what proceeds are available.
- If the property has sentimental value or complex physical division problems (a single house on one lot), courts are more likely to order sale than division.
- If an heir lives in the home, courts sometimes account for possession when allocating proceeds, but possession alone usually does not prevent sale.
For more detail on Ohio partition procedure and commissioners, see the partition chapter of the Ohio Revised Code at: https://codes.ohio.gov/ohio-revised-code/section-5307.01 and related sections (for example, see § 5307.06 regarding sales: https://codes.ohio.gov/ohio-revised-code/section-5307.06).
Helpful Hints
- Locate the deed and the death certificate first. The county recorder and the probate court are your starting points.
- Obtain a title search or speak with a title company to identify liens, mortgages, easements, and other encumbrances.
- Talk to the county probate clerk if probate has not been opened; probate can affect who has authority to act on the property.
- Get a written appraisal or market analysis before filing; it helps in negotiations and in court valuations.
- Consider mediation or a buyout—these options are often quicker and cheaper than a court sale.
- If you expect a court action, prepare a list of all possible heirs and anyone with a recorded interest so they can be named and served in the complaint.
- If a minor or incapacitated person may inherit, expect additional protective procedures (guardian ad litem or conservator).
- Budget for attorney fees and court costs. Even if you handle some steps yourself, complex title or family disputes often warrant counsel.
- Ask your attorney or the court clerk about local forms and filing fees for the county where the property is located.
Next Steps
If you want to move forward: 1) confirm ownership and whether probate is required, 2) try a voluntary resolution with co-owners, and 3) if needed, prepare a partition complaint with a clear legal description and list of parties. Because partition actions involve title, property law, and probate overlap, most people benefit from talking to a residential real estate or probate attorney licensed in Ohio.