Can I force a partition sale of an inherited house I co-own in Ohio?

Short answer: Yes — if you and your sibling own the house together and cannot agree, you can ask an Ohio court to divide the property or order a sale by filing a partition action. The court will try to divide the property fairly (partition in kind) but will order a sale if division is not practical. See Ohio Revised Code chapter 5307 for the statutory rules that govern partition actions.

Detailed answer: how partition works in Ohio

This section explains what a partition action is, how to start one, how the court decides whether to divide or sell the property, and what happens to the sale proceeds. It assumes you co-own the property with your sibling after your father died.

1. Confirm ownership and how title was held

First, determine how the house is titled. Look at the deed recorded at the county recorder or check the probate records from your father s estate. Ownership could be:

Tenants in common (each owner holds a share that can pass by will or inheritance) — most common when heirs inherit real property.
Joint tenants with right of survivorship (if properly created, the surviving joint tenant usually takes full title and partition normally won t be necessary).

If you inherited the house through probate, check the probate order or the deed to see whether the title vested as tenants in common. If you are tenants in common, either co-owner may bring a partition action under Ohio law. For the statutory framework, see Ohio Revised Code chapter 5307 and section 5307.01.

2. Try to resolve the dispute first

Courts expect co-owners to try to settle. Common options to avoid litigation include:

One co-owner buying out the other based on an appraisal.
Agreeing to sell the home on the open market and split net proceeds.
Using mediation or a neutral appraiser to set a fair price.

These options are cheaper and faster than court. If negotiation fails, a partition action is the formal next step.

3. Filing a partition action in Ohio

To force a partition, you (or an attorney) file a complaint for partition in the common pleas court in the county where the property is located. In general the complaint must identify the property, each owner, and the relief requested (partition in kind or sale). The court will serve the other owners and interested parties (mortgage holders, lienholders, heirs).

Ohio law allows any owner with an interest in real property to bring a partition action. See ORC 5307.01 and the rest of chapter 5307.

4. Court process and possible outcomes

Partition in kind: The court will first consider whether it can fairly divide the land so each co-owner gets their share on the ground. This is more likely for large parcels that can be physically subdivided without harming use or value.
Partition by sale: If the court finds a division in kind is impractical or would substantially injure the owners, it will order the property sold and the proceeds divided. The sale may be by public auction or by private sale under the court s supervision. The court often appoints commissioners or a referee to handle appraisal, sale, and division.
Buyout: The court may permit a co-owner to buy out the other s share based on the court s appraisal and accounting.

Statutory details and the court s authority appear throughout ORC chapter 5307.

5. How proceeds and expenses are handled

When the property sells, the court pays liens and mortgages first from the sale proceeds. Costs of the action (court costs, commissions, fees, appraisal, realtor commissions, taxes and sale expenses) are typically deducted from proceeds before the remaining balance is divided between co-owners according to their ownership shares.

The court can also adjust shares to account for contributions made by one co-owner (for example, if one owner paid mortgage, taxes, or made improvements). You should keep clear records of any payments you made on behalf of the property because the court may credit those amounts when dividing proceeds.

6. Timeline and costs

Partition actions often take several months to over a year, depending on complexity, court backlog, appraisals, and whether a sale requires marketing. Costs include filing fees, service fees, appraisal fees, possible realtor commissions or auction costs, and attorney fees if you hire counsel.

7. Mortgages, liens, and tax consequences

Existing mortgage debt remains attached to the property. The sale proceeds must satisfy those debts before owners receive any net funds. Also consult a tax advisor about potential capital gains taxes or other tax consequences when the property is sold.

8. Practical tips for families

A partition action can worsen family relationships. Consider mediation, written settlement offers, or letting a neutral mediator propose a buyout price. If emotions are high, a settlement may preserve relationships and save money.

Example hypothetical

Suppose you and your sibling inherited your late father s home as tenants in common after probate. You want to sell, your sibling refuses. You ask an attorney to file a partition complaint in the county where the house sits. The court appoints a referee, finds the home cannot be fairly split, and orders a sale. After sale and payment of a mortgage and sale expenses, the court deducts your sibling s share and divides the balance according to ownership percentages, with credits for the mortgage payments you made while trying to settle.

Helpful Hints

Confirm the deed and probate records at the county recorder and probate court to verify title and how ownership vests.
Try mediation or a written buyout offer before filing suit — it is cheaper and faster.
Get one or more independent appraisals to set realistic value expectations before negotiating or litigating.
Document payments you made for mortgage, taxes, utilities, and repairs — the court may award credits for these expenditures.
Consider whether a co-owner can realistically afford a buyout; courts sometimes set payment terms or approve a co-owner s purchase of the other s interest.
Know that a court-ordered sale may be by auction and may net less than a private sale on the open market.
Be prepared for the court to pay mortgage and lien holders from sale proceeds first.
Consult a real estate or probate attorney experienced in Ohio partition actions early to understand timelines, costs, and likely outcomes.

Where to read the law

Ohio s partition statutes are in ORC chapter 5307. Read the chapter here: https://codes.ohio.gov/ohio-revised-code/chapter-5307. A reader may also find the specific provision allowing owners to bring partition actions at https://codes.ohio.gov/ohio-revised-code/section-5307.01.

Next steps

1) Check the deed and probate file to confirm how title was passed. 2) Gather records of payments for mortgage, taxes, insurance, and improvements. 3) Try to negotiate a buyout or sale with your sibling. 4) If negotiation fails, consult a local attorney about filing a partition action in the county where the property is located.

Disclaimer: This article provides general information about Ohio partition law and is not legal advice. It does not create an attorney client relationship. For advice about your specific situation, consult a licensed Ohio attorney.