Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
When co-owners in Ohio cannot agree on sale logistics or cost sharing, you can ask the court to resolve the dispute through a partition action under Ohio Revised Code Chapter 5307. To start, any co-owner may file a petition in the common pleas court of the county where the real property lies. See Ohio Rev. Code § 5307.01 et seq..
The court will review the petition and may appoint commissioners to:
- Appraise the property’s fair market value.
- Determine each owner’s percentage interest.
- Recommend sale procedures or a physical division (“partition in kind”).
If dividing the property is impractical, the court typically orders a partition by sale. Under Ohio Rev. Code § 5307.07, the court supervises the sale, often at public auction, and allocates net proceeds according to each owner’s interest after deducting costs.
Alternatively, co-owners may negotiate a buyout where one party purchases another’s share at fair market value. Mediation under the Uniform Mediation Act (Ohio Rev. Code § 2711) can foster agreement and avoid litigation.
Helpful Hints
- Document all budget proposals and consent in writing.
- Obtain a professional appraisal before price negotiations.
- Consider mediation to settle disputes without court costs.
- Review any co-ownership agreement for buyout or sale clauses.
- Know that court-appointed commissioners handle sale logistics and cost allocation.