Disclaimer: This article explains Ohio law for educational purposes only. It does not provide legal advice. Consult a licensed Ohio attorney for guidance about your specific situation.
Detailed Answer — How the legal process works in Ohio to divide or force the sale of co-owned farmland
When two or more people co-own farmland in Ohio and they cannot agree on continued joint ownership, Ohio law provides a court process called a partition action. The court can divide the land among the owners (partition in kind) or, if division is impractical, order a sale and divide the sale proceeds among the owners. The statutory rules governing partition actions are in Ohio Revised Code Chapter 5307. See: Ohio Rev. Code Chapter 5307 (Partition of Land).
Step 1 — Try a voluntary solution first
Courts prefer private resolution. Owners commonly:
- Negotiate a buyout where one owner purchases the others’ shares;
- Agree to sell the property on the open market and split proceeds;
- Form an entity (LLC or trust) and set rules for management, rent sharing, or transfer;
- Use mediation to settle disputes and avoid litigation.
Step 2 — Prepare before filing
If negotiation fails, prepare to start a partition case. Gather:
- Deeds, title documents, and the chain of ownership;
- Mortgage and lien information;
- Lease or crop-share agreements and income records (rents, crop sales);
- Maps, surveys, and any prior boundary agreements;
- Records of contributions for taxes, improvements, and maintenance.
Step 3 — File a partition complaint in the county Common Pleas Court
An owner (plaintiff) files a civil complaint asking the court to partition the property. The complaint must identify all co-owners and known lienholders so the court can join them to the case. The defendant owners receive notice and may respond. See Ohio Revised Code Chapter 5307 for the statutory framework: https://codes.ohio.gov/ohio-revised-code/chapter-5307.
Step 4 — Court evaluates whether an in-kind partition is feasible
The court examines whether the land can be reasonably and equitably divided into separate tracts without materially impairing value or use. If the court concludes a fair physical division is possible, it may order a partition in kind. The court often appoints a commissioner or surveyor to prepare a proposed division and report back.
Step 5 — If division is impractical, the court may order a sale
If the court finds physical division impractical (for example, because of parcel shape, size, or existing improvements), it can order the property sold and the net proceeds distributed to co-owners according to their ownership shares, after paying liens, taxes, sale costs, and court-ordered credits for improvements or expense contributions. The court typically appoints someone (a commissioner or official) to handle the sale and report to the court.
Step 6 — Temporary and remedial orders during the process
During the suit, the court can issue temporary orders to protect the property’s value. Common orders include:
- Who may occupy the property or farm it;
- Division of crop proceeds or rent during litigation;
- Requirement that a co-owner pay a share of taxes, insurance, or mortgage payments;
- In rare cases, injunctions preventing property damage or waste.
Step 7 — Accounting before distribution
The court or commissioner will prepare an accounting. That accounting credits owners who paid mortgages, taxes, or made improvements and charges those who received rents or profits. Liens and mortgage holders are paid according to priority before owners receive proceeds.
Step 8 — Sale mechanics and distribution
If the court orders a sale, the sale may be public (auction) or private, following court directions. After the sale, the clerk or commissioner submits a report, and the court approves distribution of net proceeds to owners according to their adjusted ownership interests. Owners may appeal court decisions, subject to Ohio appellate rules and deadlines.
Hypothetical example
Three siblings own a 150‑acre farm equally. One sibling wants to sell; the others want to keep farming. They can attempt a buyout or mediation. If that fails, one sibling can sue in the county Common Pleas Court under Ohio’s partition statutes. If the court finds the farm can’t be divided fairly, it may order a sale and split net proceeds after paying mortgage, liens, sale costs, and accounting adjustments for who paid taxes and who collected rent.
Key statutes and where to read them
The statutory rules for partition actions appear in Ohio Revised Code Chapter 5307. Read the full chapter for procedures, commissioner authority, notice rules, and distribution rules: Ohio Rev. Code Chapter 5307.
Helpful Hints
- Talk first. A negotiated buyout or sale avoids attorney fees and delay.
- Get an appraisal. A current farm appraisal clarifies value for buyout or sale.
- Document contributions. Keep receipts for taxes, improvements, and maintenance—courts credit owners who paid these costs.
- Preserve crops and income. Ask the court for temporary orders about crop sales, rent, and stewardship while the case proceeds.
- Check leases and program restrictions. Farm leases, conservation easements, and federal programs (e.g., CRP) can affect marketability and the court’s decision about division vs. sale.
- Consider mediation. Courts often encourage or require mediation; it’s usually faster and cheaper than trial.
- Plan for tax consequences. A forced sale triggers capital gains and other tax considerations—consult a tax advisor.
- Join all interested parties. Make sure mortgage holders, lienholders, and known claimants receive notice so sale proceeds clear title.
- Act early on physical division issues. If you want in-kind division, prepare maps and a proposed division that preserves agricultural use and access.
- Consult an Ohio attorney. A lawyer can draft pleadings, advise on local court practice, and represent your interests in negotiations or court.