When an heir living in inherited Ohio property refuses to move or sell: What you need to know

Short answer: If you and another heir own Ohio real estate together and the heir living in the house won’t leave or agree to sell, you can ask an Ohio court to divide the property or order a sale through a partition action. You can also try negotiation, mediation, or a buyout first. A court-ordered partition or sale is the usual legal remedy when co‑owners cannot agree.

Detailed Answer — legal options under Ohio law

Start by confirming ownership and how title passed. If the property passed through probate or by deed, find the deed or probate judgment that shows each person’s ownership share. Co‑owners of inherited property are commonly tenants in common, meaning each owns an undivided fractional interest and can ask the court to divide or sell the property.

1. Try negotiation and non‑court options first

Courts expect co‑owners to try to resolve disputes outside of litigation. Typical non‑court steps include:

Asking the occupant to move or accept a buyout for their share.
Offering a written buyout offer based on an appraisal or market valuation.
Using a mediator experienced in real estate or probate disputes to reach an agreement on sale, buyout, or occupancy terms (rent, timeline, repairs).

2. If negotiation fails: file a partition action in Ohio

If you cannot reach an agreement, an Ohio court can divide or order sale of the property through a partition action. Partition law and procedures in Ohio are found in the Ohio Revised Code, Chapter 5307. See the statute chapter here: Ohio Rev. Code Chapter 5307 (Partition).

Key points about partition in Ohio:

Any co‑owner may file a partition action in the county Common Pleas Court where the property sits.
The court first looks to whether the property can be physically divided (partition in kind). If a fair physical division is possible, the court may split the land so each owner gets a portion.
If a fair in‑kind division is impractical, the court can order that the property be sold and the net proceeds divided among owners according to their ownership shares.
The court may appoint a commissioner or referee to handle appraisal, sale logistics, and distribution of sale proceeds.

3. Possession, rents, and costs

The court can address who has the right to possession while the case proceeds, and it can allocate rents, profits, or damages. If the occupant wrongfully excludes other owners from possession, the court may award rental value or other compensation. Conversely, a co‑owner who remains in the property may be liable for rent to the other owners if they refuse to allow occupancy.

4. Eviction or forcible detainer actions — when they may apply

If the occupant is no longer an owner (for example, title was already transferred away) and still occupies the property, you may have remedies through forcible entry and detainer (eviction) procedures. Ohio statutes for forcible entry and detainer are in Chapter 1923 of the Ohio Revised Code: Ohio Rev. Code Chapter 1923. Eviction remedies depend on the occupant’s legal status (tenant vs. co‑owner vs. trespasser).

5. Timing and costs

A partition action can take many months to resolve and may involve court costs, appraisal fees, and attorney fees. The court often requires the moving party to post bond for costs. The final sale and distribution also take time, especially if the court must market the property and hold a judicial sale.

6. Other legal considerations

If title shows a joint tenancy with right of survivorship (less common for intestate inheritances), the occupant’s rights may differ from a tenancy in common. Confirm the deed language.
Improvements paid for by one co‑owner may affect distribution, but courts usually handle credits or offsets during the partition accounting.
Adverse possession claims are fact‑specific and rarely work between co‑owners occupying jointly; check with counsel if you believe such an issue arises.

What to expect in practice

Gather proof of ownership: deed, probate documents, title report.
Make a clear written demand to the occupant to leave or accept a buyout; document communications.
If demand fails, consult an Ohio real estate or probate attorney about filing a partition action.
If the court orders sale, expect an appraisal, court‑supervised sale, and distribution of proceeds after liens and costs.
If the occupant refuses to vacate after a court order, the court can enforce possession through sheriff involvement or other enforcement remedies.

Helpful Hints

Collect documents: deed, will/probate documents, title search, mortgage and tax records, insurance, and any written communications about occupancy.
Get a current market appraisal or broker opinion to inform buyout or sale discussions.
Keep records of expenses and improvements you or other owners pay — the court may consider them in the accounting.
Consider mediation early; a mediated buyout or sale often costs far less than litigation.
Before taking action, confirm whether the property passed by deed or by probate inheritance — the legal path differs depending on how title transferred.
If you and the other owner(s) want to remain owners but establish rules, consider a written co‑ownership agreement covering occupancy, rent, repairs, and sale procedures.
Expect time and costs: partition actions can be lengthy and involve court fees and professional appraisals.
Consult an Ohio attorney experienced in real estate and probate litigation to explain deadlines, likely outcomes, and local court practice.

Disclaimer

This article explains general Ohio law options for co‑owned inherited property. It is for educational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Ohio attorney.