Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
A partition action allows co-owners of real property in Ohio to divide or sell the property when they cannot agree on its use or disposition. Under Ohio law (see R.C. 5307.01 et seq.), you can initiate a partition or consent to one by following these steps:
- Prepare and File the Petition: Any co-owner may file a partition petition in the county where the property lies. The petition must include identification of all owners, a legal description of the property, the nature of each owner’s interest, and the relief sought. See R.C. 5307.03.
- Serve Notice: After filing, serve a summons and a copy of the petition on every co-owner by certified mail or personal service under the Ohio Rules of Civil Procedure. If a co-owner cannot be found, publish notice as required by R.C. 5303.18.
- File an Answer or Consent: Co-owners have 28 days to answer. Filing a written consent accelerates the process and shows agreement to the partition. If no one answers, the court may proceed by default.
- Appointment of a Commissioner: The court appoints a disinterested commissioner to view, value, and divide or sell the property. Commission orders follow R.C. 5307.10 through R.C. 5307.12. The commissioner must take an oath and post bond.
- Commissioner’s Report: The commissioner inspects the property, collects evidence on value, and recommends a partition type (in-kind division or sale). They file a written report with the court, detailing the method chosen and proposed sale terms if applicable. See R.C. 5307.16.
- Court Confirmation: Parties may object to the commissioner’s report. The court holds a hearing and confirms, modifies, or rejects the report. Once confirmed, the commissioner proceeds to execute the order.
- Execution of Partition: If the property divides, the commissioner conveys separate parcels to co-owners; if sold, proceeds are distributed among owners after costs and liens. Final distribution follows R.C. 5307.17.
Helpful Hints
- Review title records early to confirm ownership interests.
- Consider mediation to avoid court costs and delays.
- Collect property surveys and valuations before filing.
- Keep detailed records of payments and improvements.
- Consult local court rules for additional procedural requirements.