Effective: April 4, 1985 Latest Legislation: Senate Bill 201 – 115th General Assembly Tenants in common, survivorship tenants, and coparceners, of any estate in lands, tenements, or hereditaments within the state, may be compelled to make or suffer partition thereof as provided in sections 5307.01 to 5307.25 of the Revised Code.
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the estate is situated in one county, the proceedings for partition shall be had in that county. When the estate is situated in two or more counties, such proceedings may be had in any county in which a part of such […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A person entitled to partition of an estate may file his petition therefor in the court of common pleas, setting forth the nature of his title, a pertinent description of the lands, tenements, or hereditaments of which partition is demanded, and naming […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly If the court of common pleas finds that the plaintiff in an action for partition has a legal right to any part of the estate, it shall order partition of the estate in favor of the plaintiff or all interested parties, appoint […]
Effective: April 4, 1985 Latest Legislation: Senate Bill 201 – 115th General Assembly If partition is granted among survivorship tenants, the court shall determine the share to which each is entitled as if the tenants were tenants in common.
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly A writ of partition issued under section 5307.04 of the Revised Code may be directed to the sheriff of any of the counties in which any part of the estate lies and shall command the sheriff that, by the oaths of the […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly In making a partition, the commissioner or commissioners shall view and examine the estate and, on their oaths and having due regard to the improvements, situation, and quality of the different parts, set it apart in lots that will be most advantageous […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly When partition of more than one tract is demanded, the commissioner or commissioners shall set off to each plaintiff or interested party the plaintiff’s or interested party’s proper proportion in each of the several tracts unless the tracts are owned by the […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly Before a writ of partition is issued under section 5307.04 of the Revised Code, the person of whom partition is demanded may appear in the court of common pleas in person or by attorney and consent to a partition of the estate […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly When the commissioner or commissioners are of opinion that the estate cannot be divided according to the demand of the writ of partition without manifest injury to its value, the commissioner or commissioners shall return that fact to the court of common […]
Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If one or more of the parties in the action for partition elects to take the estate at the appraised value, unless on good cause shown by special order the court of common pleas directs the entire payment to be made in […]
Effective: September 13, 2010 Latest Legislation: House Bill 292 – 128th General Assembly If no party elects to take the estate, at the insistence of a party, the court of common pleas may order a sale of the estate at public auction by one of the following: (A) The sheriff who executed the writ of […]
Effective: September 13, 2010 Latest Legislation: House Bill 292 – 128th General Assembly (A) A sale of an estate under section 5307.11 of the Revised Code shall be made as follows: (1) If the sale is made by a sheriff, the sale shall be made at the door of the courthouse, unless for good cause […]
Effective: September 13, 2010 Latest Legislation: House Bill 292 – 128th General Assembly On the return of the proceedings to sell the estate, the court of common pleas shall examine them. If a sale has been made, and the court approves it, the sheriff shall execute and deliver a deed to the purchaser on receiving […]
Effective: September 13, 2010 Latest Legislation: House Bill 292 – 128th General Assembly (A) Subject to division (B) of this section, the money or securities arising from a sale of, or an election to take an estate, shall be distributed and paid, by order of the court of common pleas, to the parties entitled to […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly When the estate has been offered once and not sold, alias writs for its sale may issue as often as need be. The court of common pleas may order a revaluation by up to three suitable disinterested persons and direct a sale […]
Effective: September 13, 2010 Latest Legislation: House Bill 292 – 128th General Assembly If an officer or auctioneer has not conveyed land sold or elected to be taken in a proceeding for partition, the court of common pleas on being first satisfied that such sale or election was regularly made, and that the purchase money […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly (A) When a widow is entitled to dower in an estate of which partition is sought, dower must be assigned her in the estate, except in the following cases: (1) When an assignment of dower already has been made; (2) When, by […]
Effective: October 14, 1997 Latest Legislation: Senate Bill 88 – 122nd General Assembly The commissioner or commissioners shall set off to a widow her dower in the estate under section 5307.17 of the Revised Code. In the performance of that duty, the commissioner or commissioners shall be governed by, and the proceedings shall conform to, […]
Effective: October 12, 2016 Latest Legislation: House Bill 158 – 131st General Assembly As used in this section and section 5307.20 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, or as […]
