Detailed Answer — How Ohio law handles disagreements among co-owners

When people own real property together (for example, siblings who inherited a house), each owner normally has a legal right to ask the court to divide or sell the property. In Ohio, the law that covers these actions is the Partition chapter of the Ohio Revised Code. The court can force a sale when a fair physical division is impractical. See Ohio Revised Code, Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.

Who may start a partition action?

Any co-owner of real property may file a civil lawsuit asking the court to partition the property. Typical co-owners include tenants in common and joint tenants. A person who holds an ownership interest (even a small percentage) can ask the court to act.

What does the court do in a partition action?

The court follows a basic two-step approach:

• First, the court will determine whether the land can be divided fairly among the owners (a partition in kind). If the court finds a fair physical division is possible without unfairly harming anyone, it may order the property divided into separate parcels for the owners.
• If a fair division in kind is not practical — for example, the property is a single-family home on a single lot that cannot be split without making two nonfunctional parcels — the court may order the property sold and the sale proceeds distributed among the owners according to their ownership shares.

How does sale work and how are proceeds distributed?

If the court orders a sale, it will typically supervise the sale process or appoint someone (a commissioner or sheriff) to carry it out. The sale proceeds are used first to pay liens, mortgages, and court-ordered costs (including reasonable auction or sale expenses). After those are paid, the remaining balance is distributed to the co-owners in proportion to their ownership interests unless the court orders a different allocation for a stated reason.

Do mortgages, liens, or other encumbrances affect the outcome?

Yes. Recorded mortgages and liens generally must be paid from sale proceeds before owners receive their shares. If a lender holds a mortgage, the lender can enforce its rights regardless of co-owner disagreements. Co-owners should check title and lien status before filing or responding to a partition action.

Are there exceptions or special ownership situations?

Certain ownership forms and situations can change the picture:

• Married couples: Property held as tenancy by the entirety or community property concepts (in some jurisdictions) can affect the right of one spouse to force partition. Ohio recognizes certain marital property protections; consult a lawyer about holdings titled in spouses’ names.
• Trusts, guardianships, probate estates, or other court-supervised titles: These may impose additional procedural steps or require the fiduciary’s involvement.
• Leases or tenants: If the property has tenants, the court may consider existing leases when ordering sale or division.

Typical timeline and costs

A partition action often takes several months to more than a year depending on complexity, whether co-owners contest issues, appraisal needs, and the court’s schedule. Costs include court filing fees, appraisal fees, attorney fees, and sale costs. Ohio courts may assign or shift costs among parties depending on outcomes and conduct.

Practical alternatives to a court-ordered sale

Before or during litigation, consider less adversarial options that can save time and money:

• Negotiate a buyout: One or more co-owners can offer to buy the shares of the refusing owners at an agreed price.
• Mediation or neutral valuation: A mediator or neutral appraiser can help the group reach a sale agreement or fair buyout figure.
• Voluntary listing and sale: Co-owners can consent to list the property and split net proceeds, avoiding court costs and possible forced-sale discounts.

How to start

1. Confirm ownership and how title is held (deed and county recorder).
2. Try direct negotiation or mediation with co-owners.
3. If needed, consult an Ohio attorney to file a partition action under Ohio Revised Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307.
4. Prepare for appraisal, court costs, and potential sale supervision by the court.

Helpful Hints

• Collect title documents before you act: deed, mortgage statements, and any recorded liens.
• Get a current market appraisal to support negotiations or court filings.
• Communicate in writing with co-owners and document offers to buy out or sell.
• Consider mediation early — courts often favor efforts to resolve disputes without litigation.
• Expect the sale process to deduct liens, taxes, and court-approved costs before splitting proceeds.
• Consult an Ohio attorney if title is complex (trusts, probate, liens, or marital claims) or if the co-owners include minors or incapacitated people.
• If you hold a mortgage, notify the lender; they may have rights or remedies that affect a forced sale.