Filing a Partition Action in Ohio Can Help You Divide Your Property

When multiple people own a piece of property jointly, each owner has an absolute right to split the property if they no longer wish to co-own it. In Ohio, the parties can voluntarily partition the property by negotiating a contractual agreement with their attorneys that governs the disposition of the property. If they cannot come to a private agreement, then they can file a petition to partition the property, where they ask the court to divide the land or home through a court order.

Whether the Ohio partition action is voluntary or judicially-mandated, the land can be divided in two ways. It can be partitioned in kind, where the land is physically divided between the two parties by giving each person their own piece. This is usually reserved for vacant land, as it would be difficult to split a home. The other option is partition by sale, where the home is sold at auction and the owners share any proceeds.

The means of the division depend on the relationship that the parties had when they co-owned the property. If they were tenants in common, then they can split the land or proceeds in the same manner as they held ownership interests. However, if they were joint tenants, then they must split the proceeds equally between them.

Ohio is a lien theory state, which means that any bank of lender that has an outstanding mortgage has a lien on the property for the outstanding loan. This lien must be satisfied before the property can be divided or sold. If you own property in Ohio and you would like to partition and sell your interest, you should speak with an Ohio real estate partition attorney about your property rights.