Detailed answer: What to give your lawyer to start a partition action in Ohio

Starting a partition action in Ohio means asking a court to divide or sell real property owned by two or more people when the co-owners cannot agree. To get your lawyer started quickly and efficiently, gather documents and information that prove ownership, describe the property, show any encumbrances, and explain how the property has been used. Below is a practical checklist and explanation of why each item matters under Ohio law. This is educational information only and not legal advice.

Quick overview of Ohio law on partition

Ohio partition actions are governed by Chapter 5307 of the Ohio Revised Code. The court can order a division of the land (partition in kind) or, if division is impracticable, order the property sold and the proceeds divided among the owners. See Ohio Rev. Code Ch. 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.

Essential documents and information to provide

Bring copies and, when available, originals or certified copies. If you cannot find originals, give your lawyer the best available copies plus an explanation of missing items.

Deeds and chain of title: All deeds showing how each person obtained an interest in the property (warranty deeds, quitclaim deeds, sheriff’s deeds, etc.). If owners inherited the land, bring wills, probate filings, or certified death certificates and heirship determinations.
Legal description and parcel ID: The legal description from the deed and the county auditor parcel number (parcel ID / tax ID). This ensures the lawyer and court identify the exact property.
Mortgage, lien, and title documents: Copies of mortgages, deeds of trust, UCC filings, judgment liens, tax liens, and any releases or satisfactions. Provide title insurance policies if you have them.
Survey, plat maps, and survey history: Any boundary surveys, sketches, or plats. If no survey exists, tell the lawyer if there are known boundary disputes or encroachments.
Leases and rental records: All written leases, oral-lease summaries, rent rolls, security deposit records, receipts for rent collected, and records showing who has possessed or managed the property.
Property tax bills and payment records: Recent tax bills, tax payment histories, and notices of delinquency. These documents show who paid taxes and when.
Insurance and utility records: Insurance policies, claims history, and utility bills that show who has been using and maintaining the property.
Receipts and invoices for repairs and improvements: Records of payments for improvements, maintenance, property management fees, and proof of major expenditures (roof, septic, structural work). These affect accounting for contributions and may affect how proceeds are divided.
Photos and descriptions of the property: Recent photos of structures, fences, access points, and any condition issues. Note any items that could affect partition (shared wells, private roads, timber, crops).
Communications and agreements among co-owners: Emails, texts, letters, or written agreements about dividing, selling, renting, or improving the property. Include any notes of verbal agreements and dates.
Prior litigation or title disputes: Court filings, settlement agreements, lis pendens notices, and other lawsuits involving the property or the owners.
Trust, probate, business, or entity documents: If an owner is a trust, estate, corporation, LLC, or partnership, provide trust agreements, letters of authority, articles of incorporation, operating agreements, or powers of attorney that relate to the property.
Contact information and interest percentages: Names, current mailing addresses, phone numbers, and email addresses for every co-owner, known lienholder, tenant, and any property manager. If ownership is unequal, bring documents that show each owner’s claimed percentage or share.
Proof of possession and payment history: Documents showing who has occupied the property, collected rents, paid mortgage/taxes/insurance, or invested in improvements. Bank records, canceled checks, and receipts are useful.

What your lawyer will do with this information

Run or order a title search and identify all recorded interests and liens.
Assess whether partition in kind is feasible or if sale is more likely under Ohio law.
Draft a pre-suit demand if appropriate, or prepare and file a complaint for partition under Ohio Revised Code Chapter 5307.
Request interim relief from the court, such as appointment of a receiver, orders for rents and profits, or preservation orders to prevent waste.
Coordinate surveys, appraisals, and, if needed, a commissioner to make the physical division or recommend sale procedures.
Prepare accounting claims to credit co-owners for contributions and to charge for expenses or waste.

Timing, costs, and realistic expectations

A partition case timeline varies. Simple cases with cooperative co-owners and clear title can resolve in months; contested or complex title issues may take a year or more. Costs include attorney fees, court filing fees, title and lien searches, surveys, appraisals, and possible commissioner or receiver fees. The court may allocate costs among parties, but you should plan for out-of-pocket expenses.

Helpful hints

Organize materials before your meeting. A one-page timeline and list of documents helps your lawyer evaluate the case quickly.
Bring originals or certified copies of deeds, death certificates, and probate orders whenever possible.
Get a current county auditor parcel printout and recent property tax bill—it is quick and useful.
If you can, obtain a copy of any recent survey or boundary map early; surveys often clarify whether division is practical.
Preserve records: do not destroy documents, remove fixtures, or make major changes to the property without legal advice.
Make a list of any conversations with co-owners about sale/division, including dates and what was said.
Consider a title company or abstractor report early if you anticipate complex liens or adverse claims.
Ask your lawyer about temporary requests the court can issue to protect rents, utilities, or the physical property while the case proceeds.
If an owner is deceased, bring probate case numbers and copies of executor/administrator appointments.
Be transparent about all facts—undisclosed interests or parallel agreements can derail a partition strategy.

Where to find Ohio statutes: Read the partition statutes at Ohio Revised Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.

Disclaimer: This information is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed attorney in Ohio.