Detailed Answer

Short answer: list as petitioners the person or persons who hold a present ownership interest in the property and who are asking the court to divide or sell the property — typically the co-owner(s) who start the partition action. Also identify and name all other persons or entities with recorded or known interests in the property so the court can join them as defendants or necessary parties. Ohio’s partition statutes provide the procedure for who may bring a partition action and who must be made a party. See Ohio Revised Code Chapter 5307 for the statutory framework: ORC Chapter 5307 (see in particular ORC 5307.01).

Who qualifies to be a petitioner in Ohio?

Under Ohio practice, anyone who currently holds a legal or equitable interest in the real estate may bring (and therefore be listed as) a petitioner in a partition action. Common petitioner types include:

Tenants in common who own fractional shares (equal or unequal).
Joint tenants (if they want the court to divide the property despite the survivorship issue).
Life tenants who seek division of the remainder interest (depending on the relief sought).
Trustees of a trust that owns the property (the trustee as petitioner, on the trust’s behalf).
An executor or administrator if the estate currently holds the property.

Who should NOT automatically be a petitioner?

People who only claim a lien (for example a mortgagee or judgment creditor) generally are not petitioners unless they also own an interest in the land. Instead, such holders are normally named as defendants or interested parties so the court can adjudicate their claim against the sale proceeds. Likewise, someone with a purely possessory or adverse claim might be added as a defendant if they have a competing claim.

Practical rules for drafting the petition (what to include and who to name)

When you prepare the petition in Ohio, you should:

Name as petitioners the co-owner(s) who are bringing the case or who want to join the request for partition.
Identify and name all other record owners as defendants so the court can determine each party’s share.
Name known lienholders, mortgagees, judgment creditors, holders of easements, and others with recorded interests as defendants or interested parties so their interests may be resolved and so sale proceeds can be distributed. If you reference Ohio law about required parties to a partition action, see ORC 5307.01 and related sections in ORC Chapter 5307.
If owners or interest holders are unknown (for example heirs not listed in public records), state that in the petition and include a request for service by publication if necessary. Ohio courts allow service by publication when parties cannot be located.
Include a clear description of the property, the nature of each petitioner’s ownership share (if known), and the relief sought (partition in kind or sale). Courts often require a description sufficient for identification and for the county recorder to confirm title records.

Why correctly listing petitioners and defendants matters

Correct party designation matters because Ohio courts must resolve all claims to the property to produce marketable title. If someone with an interest is omitted, a later challenge may re-open the matter or cloud title. Naming lienholders and other claimants lets the court handle how sale proceeds will be distributed and avoids surprise claims after the action ends.

Common hypothetical examples

Example 1 — Three co-owners: A owns 50%, B owns 25%, C owns 25%. A wants the property sold. A may file the partition petition as petitioner. A can list B and C as co-petitioners if they agree; if not, A lists B and C as defendants asking the court to divide or sell the property and allocate proceeds according to each owner’s share.

Example 2 — Owner plus mortgagee: D owns the property subject to E’s mortgage. D (as petitioner) brings a partition action and names E (the mortgagee) as a defendant/interested party so the court can determine the mortgage’s priority and the distribution of sale proceeds.

Example 3 — Deceased owner / possible heirs: If a titled owner died and no transfer appears in the deed records, the petitioner should check probate records and name any known heirs. If heirs are unknown, the petitioner should ask the court for permission to serve by publication for unknown heirs.

Next steps for someone considering a partition action in Ohio

Run a complete title search at the county recorder and clerk of courts: list all recorded owners, mortgages, liens, and easements.
Check probate dockets for decedents who formerly owned the property.
Identify any unrecorded possessory claimants and collect identifying information for service.
Prepare the petition naming petitioners (owners bringing the action) and naming all other owners and interest holders as defendants or interested parties.
Consider hiring a real estate attorney or title professional to prepare the petition and ensure proper party joinder and notice. Proper party joinder avoids delays and protects title after the court issues its order.

Helpful Hints

Always start with a county deed/title search to discover recorded owners and liens.
If multiple co-owners agree to partition, list them as co-petitioners — it simplifies litigation and can reduce costs.
Name mortgagees, judgment creditors, easement holders, trustees, and executors as parties so the court can resolve competing claims to sale proceeds.
If you cannot locate an owner or heir, ask the court to allow service by publication and follow the local rules for publication timing and procedure.
Use the statutory framework in ORC Chapter 5307 as your guide: https://codes.ohio.gov/ohio-revised-code/chapter-5307.
Minor or incapacitated owners require that the court protect their interests (guardians, conservators, or guardian ad litem may need to be appointed). Include them in the petition if they exist.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Ohio procedures and considerations for naming petitioners in a partition action. Laws change and each situation differs. For advice tailored to your facts, consult a licensed Ohio attorney who handles real property litigation.