Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the lands of a deceased person are not encumbered by mortgage, or by judgment obtained against such decedent during life, the heir, guardian of an heir, or other person having the next immediate estate of inheritance, may assign in writing to […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A surviving spouse may file a petition for dower in the court of common pleas, against the heir, or other person having the next immediate estate of inheritance or other estate or interest therein, setting forth the right thereto, and describing the […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the rights of a lessee or lienor are shown by cross-petition filed before judgment, such rights and liens shall be regarded by the court of common pleas, and no inequality shall be allowed or injustice done to such lessee or lienor.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the lands in which dower is claimed lie in several counties, the petition for dower may be filed by the surviving spouse in any county in which a part of the estate is situated. The court of common pleas of such […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When a plaintiff in an action to assign dower dies before the assignment, or before entry of the final judgment, the action may be revived in the name of the executor or administrator. The court of common pleas shall determine, if not […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When dower is adjudged, the court of common pleas shall appoint three judicious, disinterested men of the county in which the action to assign dower is pending, who are not of kin to either of the parties interested, to be commissioners. The […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The commissioners provided for in section 5305.06 of the Revised Code and the sheriff shall obey the order to assign dower, and return their proceedings thereon to the court of common pleas at such time as it appoints. If the court approves […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When an estate of which a surviving spouse is dowable is entire, and no division of it can be made by metes and bounds, dower shall be assigned as of a third part of the rents, issues, and profits thereof, to be […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When an estate of which a surviving spouse is dowable, or in which such spouse owns a dower interest assigned to or vested in such spouse, consists in whole or in part of timberlands or other unimproved lands or lots, the commissioners, […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The person owning lands or lots mentioned in section 5305.09 of the Revised Code, at the time the order for the sale of such lands is made, may elect to pay to the surviving spouse the value of the dower. If such […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the commissioners provided for in section 5305.06 of the Revised Code have set off and assigned dower, they shall make a true appraisement of the yearly value, after deducting necessary expenses, of the real estate in which the surviving spouse is […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In making the appraisement of the yearly value of the real estate provided for in section 5305.11 of the Revised Code, the commissioners must exclude all permanent or valuable improvements made thereon after the deceased consort of the surviving spouse ceased to […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly During the minority of an heir, if dower is assigned to a surviving spouse not entitled thereto, or, if such dower was recovered by the default, fraud, or collusion of the guardian, such heir, on coming of age, may have an action […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If the petition of a person claiming dower is contested, and the court of common pleas finds that such person is entitled to dower as claimed therein, the defendant so contesting shall pay all costs of the suit. If the petition is […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In actions for partition, when an estate cannot be divided, and is ordered to be sold, and in actions for the sale of real estate by executors, administrators, guardians, and assignees, acting under a general assignment for the benefit of creditors, and […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The answer of a surviving spouse under section 5305.15 of the Revised Code has the same effect, in all respects, as a deed of release to the purchaser of such estate of the dower interest therein of such spouse.
Effective: October 12, 2016 Latest Legislation: House Bill 158 – 131st General Assembly As used in this section and sections 5305.18 to 5305.22 of the Revised Code, “incompetent person” means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, […]
Effective: August 7, 2007 Latest Legislation: House Bill 53 – 127th General Assembly A person owning real property in this state, encumbered by the contingent or vested right of dower of an incompetent person, may apply, by petition to the court of common pleas of the county in which the real estate, or any part […]
Effective: August 7, 2007 Latest Legislation: House Bill 53 – 127th General Assembly If the committee provided for in section 5305.18 of the Revised Code unanimously reports that the person having a contingent or vested right of dower, in its opinion, is a permanently incompetent person, the court of common pleas shall appoint three judicious […]
Effective: August 7, 2007 Latest Legislation: House Bill 53 – 127th General Assembly When the report provided for in section 5305.19 of the Revised Code is filed, the court of common pleas may direct the petitioner, by a sufficient deed of conveyance, to convey to the incompetent person, to be held by such person in […]
