Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Ohio law, a co-owner may file a partition action to divide or sell real property held jointly with relatives. Ohio Revised Code Chapter 5307 governs these proceedings.
1. Confirm Eligibility and Property Details
Ohio Revised Code §5307.02 authorizes “any person entitled in law or equity to real estate” to bring a partition action. Start by:
- Reviewing the deed to verify co-ownership interests.
- Identifying all owners and their current addresses.
- Obtaining a full legal description of the land.
2. Choose Desired Relief
Ohio courts may divide the property in kind or order its sale. Under R.C. 5307.04, you must specify whether you request:
- A physical division (in kind), if feasible without substantially reducing value.
- A public sale with proceeds distributed among owners based on ownership shares.
3. Prepare and File the Petition
Draft a petition in your county Common Pleas Court, including:
- Names and addresses of all co-owners (defendants).
- Legal description of the property.
- Statement of ownership interests and relief sought.
- Verification or affidavit of title.
File the petition and pay the required filing fee.
4. Serve Co-Owners
After filing, serve each co-owner with a copy of the petition and a summons. Follow the Ohio Civil Rules (see R.C. 5307.02).
5. Appointment of Commissioners
The court may appoint three impartial commissioners to survey and appraise or to divide the property. If commissioners disagree, the court may appoint additional commissioners under R.C. 5307.05.
6. Report, Hearing, and Final Order
Once commissioners report their plan, the court will hold a hearing (R.C. 5307.03). The judge then issues a decree dividing or ordering sale of the property. If sold, proceeds are distributed per ownership interests after costs and liens are paid.
Helpful Hints
- Communicate early with relatives to explore agreement before filing.
- Gather clear title documents and survey maps in advance.
- Consider mediation to avoid court costs and delays.
- Budget for appraisal, survey, and court fees.
- Track filing deadlines and service requirements under Ohio Civil Rules.
- Keep detailed records of all filings, notices, and communications.