Detailed answer — what the court can do and how to ask

Under Ohio law, a court that hears a partition action has authority to order a division in kind or to sell the property and divide the proceeds. That authority is governed by Ohio Revised Code Chapter 5313 (Partition). For an overview of the statutory scheme, see: Ohio Rev. Code Chapter 5313.

In practice, the court often appoints a commissioner or commissioners to carry out the physical division or to sell the property when division in kind is impractical or inequitable. The court has broad equitable discretion to set the method of sale, to appoint a commissioner, and to require the commissioner to make a sale under the court’s supervision.

That said, the court will not simply rubber-stamp a private sale to a buyer chosen by one co-owner. The court’s primary obligations are to protect the rights of all parties with an ownership interest and to ensure a fair result. A private sale to your buyer can be approved, but only if the court is satisfied that the sale is fair, that adequate notice and appraisals have been provided, and that the process protects other owners and lienholders.

Typical legal route to get a commissioner to handle a private sale

1. File a motion or request in your pending partition action asking the judge to appoint a commissioner and to approve sale procedures. Attach the proposed purchase contract and an appraisal or broker opinion of value.
2. Provide full disclosure. You must disclose the identity of the buyer, any relationship between you and the buyer, the purchase price, and how the sale price compares to market value. If the buyer is related to an owner or if there is a conflict of interest, the court will scrutinize the transaction closely.
3. Request specific authority for a private sale. Courts often prefer public sale, but they will authorize a private sale where it is shown to be in the parties’ best interests (for example, a cash offer at or above appraised value that saves time and costs compared to an auction).
4. Propose clear procedures for notice and confirmation. The court normally requires notice to all co-owners and to any lienholders. The commissioner must report the sale, and the court will hold a confirmation hearing to approve the sale and direct distribution of proceeds.
5. Attend the confirmation hearing. Other co‑owners or creditors can object. The court will deny confirmation if the sale is unfair, the price is inadequate, or proper notice and procedures are missing.

What the judge considers

• Whether partition in kind is practical or whether sale is necessary.
• Whether the proposed private sale price is fair compared to recent appraisals or broker opinions.
• Whether other owners and lienholders received adequate notice and the opportunity to object.
• Whether there is any conflict of interest that could taint the sale (e.g., if the buyer is a co-owner, relative, or business associate).
• Whether the sale process provides sufficient protection (escrow instructions, closing safeguards, and return/reporting duties for the commissioner).

Practical steps to improve your odds

Prepare a motion that includes a current appraisal or multiple broker opinions, the purchase agreement showing terms, proposed order appointing a named commissioner, proposed sale procedures and timeline, and proposed notice language. If co‑owners consent in writing to the private sale, include signed consents — unanimous consent makes approval far more likely.

Potential complications

• Objections by co-owners. A co-owner may ask the court to require a public sale or to appoint a different commissioner.
• Challenged valuation. If the sale price appears low, the court may deny confirmation or require additional marketing.
• Priority liens. Existing mortgages or liens must be addressed before net proceeds are distributed.
• Conflict of interest. If the commissioner or buyer has a relationship with a party, the court may require independent appraisal or different procedures.

Hypothetical example

Suppose three siblings co-own a lake cabin. One sibling finds a ready cash buyer who offers a price equal to a current appraisal. The sibling files a motion in the existing partition suit asking the court to appoint a commissioner to complete the sale and to confirm the private sale. The motion attaches the purchase agreement, an appraisal, signed consents from two siblings and notice to the mortgage lender. If the court finds the sale price fair, the notice adequate, and no conflict of interest exists, the court may appoint a commissioner, allow the private sale, and later confirm it at a hearing.

Helpful Hints

• Start with an up‑to‑date appraisal or at least two broker price opinions. Courts focus heavily on price fairness.
• Get written consents from any co‑owners if you can. Unanimous consent simplifies approval and lowers litigation risk.
• Disclose everything. Hidden relationships between buyer and seller can derail confirmation later.
• Propose a specific commissioner and clear duties: timelines, escrow instructions, and a required written report to the court.
• Notify lienholders early and provide any payoff estimates. Liens must be cleared or handled at closing.
• Be ready for a confirmation hearing where other parties may object. Prepare to present evidence of market value and fairness.
• Consult a local Ohio attorney for help drafting the motion and proposed order. Partition practice involves procedural and title issues that benefit from counsel.