Resolving Co-Ownership Disputes with Ohio Partition Action
When co-owners of Ohio real estate can no longer work together, state law offers a clear way to end the relationship. An Ohio partition action enables individuals with a shared title to resolve disputes by physically dividing the land or selling it for a fair price.
This process follows Chapter 5307 of the Ohio Revised Code, giving any tenant in common the right to end their shared interest through the court.
The Writ of Partition and the Commissioners’ Oath
A unique part of an Ohio partition action is the “Writ of Partition” issued by the Court of Common Pleas to the County Sheriff. Ohio law requires the appointment of one to three neutral Commissioners to examine the property.
These Commissioners take a formal oath to evaluate the land faithfully. Their job is to determine if the property can be divided into lots that are fair and equitable without causing “manifest injury” to the property’s total value.
Partition in Kind vs. The Order of Sale
Ohio law favors partition in kind, in which land is surveyed and split into separate parcels. However, if the Commissioners find that a physical split would cause a loss of value, they return an appraisal value to the court. This appraisal moves the case toward a court-ordered sale.
The Election to Take and the Two-Thirds Rule
Ohio includes a safety net called the Election to Take. After the appraisal, any co-owner has the first right to buy the property at that price. This allows partners to keep the asset without outbidding others at auction.
If no owner buys the property at the appraised price, the court orders a public sale. The Ohio partition action includes a protection called the Two-Thirds Rule. It states that the property cannot be sold for less than two-thirds of the appraised value. This protects the owners’ equity.
Attorney Fees as Taxable Costs
Under Ohio Revised Code § 5307.25, the court can treat attorney fees as a cost of the case. If the partition is “amicable” and helped everyone by clearing the title, the plaintiff’s attorney fees may be paid from the sale proceeds first. This prevents the person who started the case from paying the full cost for a process that benefits all owners.
An Ohio partition action ensures you get a fair exit from a difficult partnership. If you are ready to separate your interests, contact our experienced legal professional today.
