How a court-ordered sale works for an inherited parcel under Ohio law

Quick overview: If you and a family member own real property together and one co-owner refuses to list or sell, Ohio law allows a co-owner to ask a court to divide or sell the property through a partition action. The court can divide the land if practical or order a sale and distribute proceeds. This article explains when a partition action applies, how the process works in Ohio, alternatives, likely costs and timing, and practical next steps.

Detailed Answer — Forcing a sale (partition actions) in Ohio

When co-owners cannot agree about disposition of real estate, Ohio law permits a partition action. The statutory framework for partition is in the Ohio Revised Code, Chapter 5307 (Partition). See the chapter here: Ohio Rev. Code Chapter 5307.

Who can file a partition action?

Any person with an ownership interest in the real estate (for example, a tenant in common) may file a partition action in the county Common Pleas Court where the property lies. If the property is held as joint tenants with right of survivorship, the surviving owner generally owns the whole property and a partition action is not available against a true surviving joint tenant.

Key legal outcomes the court can order

Partition in kind: The court can physically divide the property into distinct parcels when division is feasible without materially harming the owners’ interests.
Partition by sale: If the land cannot be fairly divided, or division would be impractical or inequitable, the court may order the property sold and the proceeds divided among owners according to their ownership shares.
Appointment of commissioners or master: The court often appoints commissioners to examine the property, value it, and carry out sale or division.

Typical process and procedural steps

Confirm ownership. Obtain the deed(s) and county recorder’s records to learn whether the property is held as tenants in common, joint tenants, or is still titled in the decedent’s name.
Demand to sell or buy out. Send a written demand to the co-owner offering a buyout or requesting sale. Courts and juries consider whether you attempted a negotiated resolution before filing.
File a partition complaint. File in the Common Pleas Court in the county where the property is located. The complaint must name all owners and interested parties.
Court investigation. The court may order surveys, appraisals, or title inquiries and will decide whether division in kind or sale best serves the owners’ interests.
Order sale or division. If the court orders a sale, it will direct how the sale is conducted (public auction or private sale under court supervision) and how costs and proceeds are allocated.
Distribution of proceeds. After sale and payment of liens and costs, the court distributes the net proceeds among owners based on ownership shares or as the court finds appropriate.

When you cannot force a sale

If the property is owned solely by one person (for example, because the decedent’s estate transferred full title to a surviving joint tenant), a co-owner who is not on title has no basis to seek partition. Also, if the deed grants special restrictions or life estates, the court must respect those rights before ordering sale.

Practical considerations, costs, and timing

Partition suits take time and can be costly. Expect several months to over a year depending on complexity, title disputes, appraisals, and appeals. Costs include filing fees, attorney fees, appraiser and surveyor fees, and any costs for preserving or maintaining the property. The court can allocate costs between parties, but recovery is not guaranteed.

Alternatives to filing a partition action

Negotiate a buyout so one owner purchases the other’s share.
Agree to list the property with a realtor jointly or to a specific broker.
Use mediation to reach a voluntary settlement that avoids court costs.
If one owner occupies the property exclusively, negotiate compensation rather than immediate sale.

Special issues with inherited property

If the property is still held in the decedent’s name and probate remains open, the person administering the estate (executor or administrator) must be a party to any transfer. Confirm whether title passed by probate or by deed with survivorship language before proceeding.

Step-by-step checklist you can follow

Obtain a certified copy of the deed from the county recorder.
Determine the form of ownership (tenancy in common vs. joint tenancy with right of survivorship).
Send a written demand to the co-owner proposing sale or buyout and keep proof of delivery.
Get a professional appraisal to understand market value.
If negotiations fail, consult a local Ohio real property attorney about filing a partition action in the county Common Pleas Court.
Consider mediation or other alternative dispute resolution before or during litigation.

Helpful Hints

Check the deed first: The deed language controls ownership rights. Look for phrases like “tenant in common” or “with right of survivorship.”
Document everything: Keep copies of notices, letters, and offers. Courts look favorably on documented attempts to settle without litigation.
Get an appraisal early: Knowing market value helps with buyout offers and sets expectations for sale proceeds.
Consider a short-term agreement: If a co-owner refuses to sell now, negotiate a time-limited exclusive possession or rental arrangement to preserve value while you seek solutions.
Budget for court costs and upkeep: Owning land jointly can generate ongoing expenses (taxes, insurance, maintenance) that litigation doesn’t eliminate.
Talk to a local attorney: Real property and probate details vary by county. An Ohio real estate attorney can explain local practice, likely timeline, and filing specifics.

Where to look in Ohio law

For the statutory framework on partition actions, see Ohio Rev. Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter-5307. That chapter describes who may file, how courts divide or order sales, and related procedures.

Final notes and next steps

If you believe you have a right to force a sale, start by confirming title and attempting a written demand and negotiation. If that fails, consult a licensed Ohio attorney about filing a partition action in the county Common Pleas Court where the property sits. An attorney can review your documents, estimate likely costs, and represent you through court procedures or settlement discussions.

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. Laws change and facts matter. If you need advice about your situation, contact a licensed Ohio attorney.