Understanding the Partition Process in Ohio: Forcing a Sale or arranging a Buyout

Disclaimer: This article explains Ohio law for educational purposes only. It is not legal advice. Consult a licensed Ohio attorney before taking legal action.

Quick answer — what happens and where to start

If you and your sibling co-own your parents’ house and you cannot agree about use or sale, you can file a partition action in the Ohio Court of Common Pleas where the property sits. The court will try to divide the property (partition in kind). If division is impractical, the court will order a public sale and divide proceeds. Alternatively, a co-owner may buy out the other owners’ shares. Ohio partition rules are found in Chapter 5307 of the Ohio Revised Code (see: Ohio Rev. Code Chapter 5307).

Step-by-step process to file a partition action in Ohio

1. Confirm legal ownership and interests. Look at title documents and deeds to determine whether ownership is tenants in common, joint tenancy, or some other form. Partition actions typically involve co-owners who each hold an ownership interest. Collect the deed(s), mortgage statements, and any recorded liens.
2. Try to settle first. Before filing, try negotiation or mediation. A written buyout offer, appraisal, or written agreement can avoid court costs and delay.
3. Prepare and file your complaint. File a complaint for partition in the county Common Pleas Court where the property is located. The complaint should identify the property by legal description, name all co-owners and interested parties, describe each party’s interest, and request partition or sale. Ohio partition statutes: R.C. 5307.01 and the rest of Chapter 5307 (chapter link).
4. Serve all parties and interested lienholders. Ohio court rules require service on every co-owner and any party with a recorded interest in the property (mortgagees, judgment lienholders). If any co-owner cannot be found, the court may allow alternate service or notice by publication.
5. Responding pleadings and early motions. Co-owners may answer, assert offsets (claims for contributions, improvements), or raise defenses. Expect motions about possession, temporary rents, or maintenance costs.
6. Court-appointed commissioners or referee. The court often appoints commissioners to examine the property, propose a division if possible, and report back to the court. The commissioners may also obtain appraisals and recommend whether partition in kind is practicable. See Ohio Rev. Code Chapter 5307 for the court’s powers.
7. Partition in kind or partition by sale. If the property can be reasonably divided among owners without undue injury, the court may divide the parcel. If division is impractical or would cause substantial loss, the court will order a sale and divide proceeds among owners pro rata. The court decides based on the facts and commissioners’ report.
8. Buyout option. A co-owner who wants to keep the property can offer to buy out the other owners. The court may allow a buyout by allocating a value to each share (often via appraisal) and requiring the purchasing owner to pay the others’ shares. If the parties can agree on price, they can file a stipulation and the court can enter judgment accordingly.
9. Sale procedures and distribution of proceeds. When the court orders a sale, it typically directs a sale method (public auction or private sale under court supervision), pays off prior liens from the proceeds in order of priority, pays sale costs, and divides net proceeds among owners according to ownership shares and any court-ordered credits or offsets.
10. Final decree and transfer of title. After sale or division, the court issues a decree that conveys interests and authorizes distributions. The court’s decree transfers title as ordered and resolves the partition action.

Key documents and evidence you will need

• Deeds showing chain of title and each co-owner’s interest.
• Mortgage and lien documents (to identify creditors who must be served).
• Tax bills and utility records (to show possession and payments).
• Appraisals or market value evidence (for buyout or sale valuation).
• Receipts for improvements or repairs (for credits or offsets among owners).

How buyouts typically work in practice

If you want your sibling to buy your share, you can offer a price based on a current appraisal or market value. If the sibling refuses, ask the court to allow an allotment or sale and request that the court permit one co-owner to purchase the others’ interests at court-determined value. The court may set the price after appraisal or require sealed bids. If the purchasing co-owner cannot or will not pay, the court will usually order a sale and split proceeds.

Common issues and pitfalls

• Bank mortgages and liens: A mortgage stays attached to the property. A purchaser at a partition sale usually takes subject to mortgages, and sale proceeds pay lienholders in priority.
• Occupying co-owner: If one owner lives in the house, the court may award that owner rent or charge them for use, or may consider that in an allotment or buyout valuation.
• Costs and timing: Partition actions can take several months to over a year. Expect filing fees, commissioner/appraiser costs, attorney fees, and sale expenses.
• Tax consequences: A sale or buyout can have tax consequences (capital gains, basis adjustments). Consult a tax adviser.

Illustrative hypothetical example

Imagine three siblings own parents’ house as tenants in common, each with a one-third interest. One sibling lives in the house and refuses to sell. The other two file a partition action in the county Common Pleas Court. The court appoints commissioners who conclude the lot cannot be fairly divided. The court orders a sale. The sale pays off a mortgage and liens, deducts sale costs, and divides the net proceeds into three equal shares. Alternatively, the sibling living in the house offers to buy the other two shares at an appraised fair market value; if accepted by the owners or ordered by the court after valuation, that sibling pays out the others and receives sole title.

Where to get help

Because partition actions involve complex title issues, liens, valuation, and court procedures, consider consulting a real estate attorney licensed in Ohio. If cost is a concern, look for local legal aid organizations, pro bono clinics, or mediation services to help negotiate a voluntary buyout or settlement before filing.

Helpful Hints

• Before filing, collect the deed, mortgage, tax bills, and any probate documents related to your parents’ estate.
• Get a current appraisal early. Knowing market value helps settlement talks and prepares you for court valuation.
• Offer a written buyout proposal. A clear price and payment terms can resolve disputes without court intervention.
• Serve everyone with a recorded interest. Missing a creditor or co-owner can delay the case or void the sale.
• Ask the court for a temporary order about who pays taxes, insurance, and mortgage while the case proceeds.
• Be prepared for costs: appraisal fees, commissioner fees, court costs, and potential attorney fees.
• If emotions run high, use mediation. Courts often encourage settlement and mediation can preserve family relationships.
• Check Ohio Rev. Code Chapter 5307 for statutory rules: https://codes.ohio.gov/ohio-revised-code/chapter-5307.

If you want, I can provide a checklist of documents to gather, an example complaint outline for a partition action, or local resources for affordable legal help in Ohio.