Disclaimer: This article is for general information and does not constitute legal advice.
Detailed Answer
A partition action in Ohio lets co-owners of real property ask a court to divide or sell that property when they cannot agree on its use or ownership shares. Under Ohio law, this procedure is governed by the Ohio Revised Code Chapter 5307.
1. Right to Partition
Any co-owner—whether holding title as joint tenants, tenants in common or otherwise—may initiate a partition. See Ohio Revised Code §5307.01.
2. Filing the Complaint
The process begins when one owner (the plaintiff) files a complaint in the county where the property is located. The complaint names all co-owners and describes the property, each owner’s interest, and requests a partition “in kind” (physical division) or, if that is impractical, a sale of the property with proceeds divided among the owners.
3. Service and Response
Each co-owner must be served with the complaint and given a chance to respond. If a defendant co-owner fails to answer, the court may proceed without their input.
4. Appointment of Commissioners
The court typically appoints three disinterested commissioners to survey and appraise the property. They report whether the land can be divided fairly. See Ohio Revised Code §5307.06.
5. Partition in Kind vs. Sale
If commissioners find a fair physical division is possible without prejudicing any party, the court orders a partition in kind—each owner receives a distinct portion reflecting their share. If division is impractical or would dramatically reduce value, the court orders a sale at public auction. Proceeds are split after deducting costs, fees and any liens. See Ohio Revised Code §5307.09.
6. Distribution of Proceeds
When a sale occurs, the clerk of courts collects the sale proceeds, pays off recorded mortgages and liens, covers court costs and commissioner fees, then distributes the remainder to each co-owner according to their ownership percentage.
7. Timeline and Costs
A partition action can take several months to over a year, depending on complexity, number of parties and disputes over appraisals. Court costs, attorney fees, appraisal fees and commissioners’ fees are typically paid from the proceeds or apportioned among the parties if no sale occurs.
Helpful Hints
- Review your deed and title documents to confirm your ownership interest before filing a complaint.
- Try mediation or negotiation first—amicable agreements can avoid court costs and delays.
- Gather recent appraisals or property surveys to support your position on fair value.
- Understand that liens and mortgages on the property will be paid before owners receive proceeds.
- Keep detailed records of improvements or expenses you’ve contributed—these may affect the distribution.
- Consider consulting a local real estate attorney to guide you through filing, service and hearing procedures.
- Ask the court about bond requirements if you or another party wishes to prevent immediate sale.