Detailed Answer
If you co-own a house in Ohio with two other people and you cannot agree on what to do with the property, Ohio law gives any co-owner the right to ask a court to partition the property. A partition action forces a court to divide ownership either by physically dividing the land (partition in kind) or by ordering a sale and dividing the sale proceeds among the owners (partition by sale). The rules for partition actions are in Ohio’s partition statutes (Ohio Rev. Code Chapter 5307): https://codes.ohio.gov/ohio-revised-code/chapter/5307.
How the process generally works
- Try to resolve it first. Courts expect co-owners to try negotiation, mediation, or a buyout. If one co-owner wishes to keep the property, that owner commonly offers to buy out the others for their respective shares at an agreed price or based on an appraisal.
- Filing a partition complaint. If negotiations fail, a co-owner files a civil complaint for partition in the county Common Pleas Court where the property is located. The complaint names all co-owners and any lienholders (mortgagees) as defendants.
- Court determines whether partition in kind is practicable. The court first considers whether the property can be fairly divided among co-owners (partition in kind). For most single-family homes, physical division is impractical.
- If in-kind partition is impractical, the court orders sale. The court may order a sale—often a public auction or a court-approved private sale—and direct how sale costs, mortgages, and liens are paid and how net proceeds are divided among co-owners according to their ownership shares.
- Priority of liens and mortgages. Mortgage holders and other recorded lienholders retain their priority; sale proceeds usually pay off those secured debts before co-owners receive their shares.
- Possible offsets and credits. The court can account for unequal contributions (for example, one owner paying mortgage, taxes, or making repairs) and may award credits or claims for reimbursement, which affect final division of proceeds.
What you should expect in Ohio
– You can file a partition action even if other co-owners oppose it. The court will decide the remedy under Ohio law. For statutory guidance, see Ohio Rev. Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.
– The process typically takes months. It includes pleadings, service on all parties, possible hearings, an appraisal or valuation, and a sale or division order.
– Sale proceeds are distributed after liens, unpaid mortgages, taxes, court costs, and sale expenses are paid. The court may direct an accounting that adjusts each co-owner’s share for contributions or expenditures.
Practical considerations
- Ownership type matters. Most co-owned homes are tenants in common or joint tenants. Either type generally allows a partition action. Rights at death (e.g., survivorship) differ, but a partition action is still available to living co-owners.
- Mortgages and lenders. A mortgage does not prevent a partition action. However, the mortgage remains attached to the property; the lender’s interest will be paid from sale proceeds or must be otherwise handled.
- Costs and fees. Filing fees, appraisal costs, sale costs, and attorneys’ fees can reduce each owner’s net recovery. The court can, in some cases, award fees to one party for misconduct or bad faith.
- Mediation or buyouts often save time and money. Because litigation expenses and sale costs can be high, many co-owners reach a negotiated buyout or mediation settlement.
When you might want an attorney
Partition cases involve procedure, valuation issues, lien priorities, and potential counterclaims (for example, claims for contribution or for unequal distribution). If complex issues exist—an active mortgage, tax liens, disputed ownership shares, or allegations one owner wrongly occupied the property—consulting a real estate litigation attorney experienced with partition cases in Ohio can protect your interests.
Helpful Hints
- Gather documents before you act: deed, mortgage, tax bills, insurance, repair receipts, and any written agreements among owners.
- Get a current market appraisal or broker price opinion to guide buyout offers and settlement talks.
- Offer mediation before filing: a neutral mediator can often achieve a faster, cheaper resolution than court.
- If you want the property sold quickly, explain that to your attorney—courts may schedule a sale, but timing varies by county and court docket.
- Be prepared to account for expenses you paid (mortgage payments, taxes, insurance, repairs); the court can adjust shares for contributions.
- Remember the lender’s priority: if the mortgage balance is large, net proceeds to co-owners may be limited.
- Ask the court for an accounting and for credits where another co-owner received benefit from payments you made.
Next steps you can take right now: Try a written buyout offer or a mediation request. If that fails, consult a local Ohio real estate attorney about filing a partition complaint in the county Common Pleas Court where the property sits. Bring the documents listed above to your first meeting.
Disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles of Ohio law for educational purposes only. For advice about your specific situation, consult a licensed Ohio attorney.