Disclaimer: This information is educational only and is not legal advice. For advice about your specific situation, consult a licensed Ohio attorney.
Detailed answer — How partition actions work under Ohio law
When co-owners cannot agree about inherited real estate, Ohio law allows one or more owners to ask a court to divide the property or order its sale. The statutory framework for these lawsuits appears in Ohio Revised Code Chapter 5307. See the chapter overview: Ohio Rev. Code ch. 5307 and the opening provision: Ohio Rev. Code § 5307.01.
Key concepts
- Who may file: Any person who has an ownership interest in the real estate may file a complaint for partition.
- Where to file: File the action in the common pleas court (general division) in the county where the property is located.
- Relief the court can grant: The court can order a partition in kind (actual division of the land) or, if division is impractical or would unfairly prejudice owners, a sale of the whole property with proceeds divided among the owners.
Step-by-step: starting a partition lawsuit in Ohio
- Confirm ownership and parties. Identify all owners of record (heirs, devisees, trust beneficiaries). You must name every person who holds an interest in the property. Gather deeds, the decedent’s will (if any), death certificate, and the county recorder’s records.
- Try to resolve the dispute informally first. Send a clear written proposal (buyout, division map, or sale) and consider mediation. Courts favor attempts to settle before litigation.
- Prepare and file a complaint for partition. The complaint should describe the property, state each plaintiff’s ownership interest, name all defendants (co-owners and lienholders as necessary), and request partition in kind or partition by sale. File the complaint in the common pleas court where the property lies and pay the filing fee.
- Serve defendants and lienholders. Provide proper service of process to all parties and any mortgage or lien holders. If a party cannot be found, the court may allow service by publication in limited circumstances.
- Court process and evidence. The court may order surveys, plats, or appraisals. Parties may present evidence about the physical character of the land, access, improvements, and the feasibility of dividing the property physically.
- Appointment of a commissioner or sale. If the court orders partition in kind, it may appoint a commissioner to make the division, supervise the physical division, and report back. If partition in kind would lead to prejudice or be impractical, the court may order sale and appoint a commissioner or other officer to sell the property and distribute proceeds after paying liens and costs.
- Distribution and final judgment. After division or sale, the court issues a final judgment that adjusts title or distributes sale proceeds to the owners according to their interests, after accounting for liens, property taxes, commissions, and court costs.
What the court considers when deciding between division and sale
The court considers physical characteristics (size, shape, improvements), whether the land can be fairly divided without harming value, access issues, and the relative sizes of owners’ interests. If dividing would cause substantial harm to one or more owners, the court typically orders sale.
Practical timeline and likely costs
Timelines vary. A straightforward partition in kind with agreement can wrap up in a few months. Contested cases with appraisals, surveys, discovery, and motions often take a year or more. Costs typically include filing fees, attorney fees, surveyor and appraiser fees, commissioner or auction costs, title work, and payment of liens and back taxes. Courts may assess costs and attorneys’ fees against parties in particular circumstances.
Hypothetical example to illustrate
Three siblings inherit a 30-acre parcel. Two siblings want to sell; one wants to keep it. The selling siblings file a partition complaint in the common pleas court of the county where the property sits. The court orders an appraisal and survey. The survey shows the parcel cannot be divided into three equal, usable tracts without rendering one lot landlocked. The court finds partition in kind impracticable and orders a sale. A court-appointed commissioner sells the property at a public sale. After paying mortgage and costs, the net proceeds are split according to each sibling’s ownership share.
When to consider alternatives to a partition lawsuit
- Buyout: One owner purchases the others’ interests after an agreed valuation.
- Mediation or family agreement: Use mediation to negotiate sale terms, time to sell, or division plans.
- Quiet title or partition by agreement: Parties can file agreed motions with the court to implement a negotiated division or sale.
How to find the right help
Because partition actions involve complex title issues, surveys, and litigation strategy, consult a licensed Ohio real estate or probate/estate attorney. If you cannot afford an attorney, some county bar associations offer lawyer referral services or limited-scope representation clinics.
Statutes and resources
- Ohio Revised Code, Chapter 5307 (Partition actions): https://codes.ohio.gov/ohio-revised-code/chapter/5307
- Ohio Rev. Code § 5307.01 (right to partition): https://codes.ohio.gov/ohio-revised-code/section-5307.01
- Contact the common pleas court clerk in the county where the property sits for local filing rules and fees.
Helpful hints
- Gather documents first: deed(s), will, death certificates, mortgage statements, tax bills, and surveys. The court and any attorney will need these.
- Name everyone: Include every person with a recorded or claimed interest, and any mortgage or lienholder, to avoid later reopening of the title.
- Get an appraisal early: A professional appraisal helps frame buyout offers or arguments about whether division is practical.
- Consider mediation: Mediation often saves time and costs compared with a contested court trial.
- Think about costs vs. value: If litigation costs exceed the likely net proceeds to each owner, explore negotiations or buyouts instead of immediate litigation.
- Be realistic about physical division: Many properties cannot be split into equal, marketable parcels. Courts commonly order sale for that reason.
- Protect the property: Keep insurance current and continue paying taxes and mortgages to avoid liens and depreciation before a sale or division.
- Plan for taxes: Sale proceeds can have tax consequences. Contact a tax professional for advice about basis and capital gains after an inherited property sale.
If you want, tell me the county where the property lies and a few basic facts (number of owners, whether a mortgage exists, whether anyone lives on the land). I can outline the likely local steps and suggest courthouse contacts and next steps.