Ohio Real Estate Partition: When Co-Owners Can’t Agree
Ohio Real Estate Partition: When Co-Owners Can't Agree
As a real estate attorney practicing in Ohio, I frequently encounter situations where co-owners of property find themselves at an impasse. Whether it's siblings who inherited the family home, former business partners, or partners parting ways, disagreements over real estate can create significant legal challenges. Fortunately, Ohio law provides a solution through the partition process.
What is Partition?
Partition is a legal remedy that allows any co-owner of real property to force the division or sale of jointly-owned real estate when owners cannot reach an agreement. Under Ohio Revised Code Chapter 5307, any person holding an interest can petition the court for partition, regardless of whether other owners’ consent.
Types of Partition in Ohio
Partition in Kind involves physically dividing the property into separate parcels, with each co-owner receiving a parcel proportional to their ownership interest. This works best with large tracts of undeveloped land.
Partition by Sale occurs when physical division is impractical or would diminish the property's value. The court orders the property be sold at public auction, with proceeds distributed among co-owners according to their ownership percentages.
The Process
The process begins when one co-owner files a partition action in the Common Pleas Court where the property is located. The court appoints commissioners to examine the property and determine whether partition in kind is feasible. If not, the court orders a sale through a court-appointed referee.
Key Considerations
Legal fees, court costs, and sale expenses are typically deducted from sale proceeds. Partition actions can take six months to several years. Co-owners usually have the right to bid at partition sales.
Alternatives
Before pursuing partition, consider buyout agreements, mediation, property management agreements, or structured sales with agreed-upon terms.
Legal Counsel
Partition actions involve complex procedural requirements and significant financial implications. If you're facing co-ownership disputes, consult with an experienced real estate attorney early in the process to understand your rights and options.