Detailed Answer — How Ohio law resolves holdouts and forces a sale

If one or more heirs refuse mediation or decline to sign documents to sell or transfer inherited real property, you still have legal options. In Ohio, any co-owner (including an heir who holds title as a tenant in common) can ask a court to partition the property. A partition action asks the court either to divide the land among owners (partition in kind) or to sell the property and split the proceeds (partition by sale). The Ohio Revised Code provides the statutory framework for partition actions; see Ohio Rev. Code Chapter 5307 for the governing rules and procedures: https://codes.ohio.gov/ohio-revised-code/chapter/5307.

Key points about a partition action in Ohio:

• Who can file: Any co-owner of the property (including a decedent’s heir who is on title) can file a partition complaint in the county where the property lies.
• Court options: The court will first consider whether the land can be physically divided so each owner receives a distinct portion (partition in kind). If division is impractical or would substantially reduce value, the court can order a sale and divide the proceeds among owners according to their ownership shares.
• Commissioner or sale process: When the court orders a sale, it typically appoints a commissioner or other official to conduct appraisal, advertise and sell the property (often at public auction or by private sale under court supervision). Proceeds pay liens, mortgages, taxes, sale costs, and then the remaining balance is distributed to owners based on their interests.
• Refusal to mediate or sign: Refusing mediation or refusing to sign documents does not prevent a partition action. Courts will not let a single co-owner block the judicial remedy. A holdout owner can defend or assert claims (such as a claim that the property should not be sold), but the final decision rests with the court after notice and opportunity to be heard.
• Probate vs. direct co-ownership: If the property is still titled in the decedent’s name and sits inside a probate estate, the personal representative may need court permission to sell property for estate administration or to pay creditors. The probate court process and the common pleas court partition process differ; both can ultimately result in a sale if necessary to distribute estate assets.
• Costs and timing: Partition litigation takes time and generates court fees, appraisal and sale expenses, and attorney fees. The court may allocate costs between the parties. Expect several months to over a year depending on complexity.

Practical example (hypothetical): Three siblings inherit a family home as tenants in common. Two want to sell; one refuses mediation and will not sign a listing agreement. One of the consenting siblings can file a partition action in the county where the home sits. The court will decide whether to physically divide the parcel (rare for a single-family home) or order a sale. If a sale is ordered, after paying liens and costs, the court will distribute net proceeds according to each heir’s ownership share.

What the court considers before forcing a sale

• Whether the property can be fairly and reasonably divided without causing waste or lowering value.
• Whether any party has equitable claims (for example, improvement contributions that might affect distribution).
• Existing mortgages, judgments, or liens that must be satisfied before proceeds distribution.
• Whether sale is necessary to preserve or realize the property’s value.

Because Ohio law allows partition by sale, a refusing heir cannot indefinitely block a sale. However, the resisting party may assert defenses or counterclaims (for example, claiming a larger share due to contributions or asserting prior agreements), so outcomes can vary.

Where to look in Ohio law

For the statutory framework on partition actions in Ohio, review Ohio Revised Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter/5307. If the property is still in probate, consult the probate court rules and the probate statutes that govern a personal representative’s authority to sell estate property (probate court procedures vary by county).

Helpful Hints

• Before filing court papers, try a neutral valuation: get one or more professional appraisals so you have a realistic market value baseline for negotiations or court filings.
• Offer a buyout: If you can, offer to buy the holdout heir’s share at fair market value (this can be faster and cheaper than litigation).
• Document contributions: Keep records of mortgage payments, repairs, taxes, or improvements you or others paid—courts can consider these when dividing proceeds.
• Explore mediation early: Even if one heir initially refuses mediation, courts and attorneys often encourage mediation before final sale to reduce costs and preserve relationships.
• Consider timing and tax consequences: Selling real property triggers tax implications and may affect estate settlement; consult a tax advisor about capital gains or estate tax issues.
• Hire an attorney experienced in Ohio real property and probate matters: They can prepare the partition complaint, handle procedural requirements, and protect your interests in court.
• Prepare for costs: Partition actions have filing fees, appraisal fees, commissioner or auction costs, and fees for counsel. Courts sometimes allocate costs between parties, but you should plan for upfront expenses.