Partition Action Ohio

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Description complaint for partition of real property

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.


The Ohio Complaint for Partition of Real Property is a legal document filed in Ohio courts to request the division or sale of jointly owned real estate between co-owners or tenants in common. This complaint aims to resolve conflicts and disputes arising from the ownership of a particular property by seeking a partition, which involves legally separating the interests of each co-owner. In cases where multiple individuals own a property but cannot come to an agreement on how to manage or divide it, a Complaint for Partition of Real Property becomes necessary. This legal action allows co-owners to assert their rights and interests in the property while seeking a fair and equitable solution. Keywords: Ohio, Complaint for Partition, Real Property, legal document, co-owners, tenants in common, division, sale, disputes, conflicts, ownership, partition, interests, legal action, co-ownership. Different types of Ohio Complaint for Partition of Real Property may include: 1. Voluntary Partition: This type of Complaint for Partition is filed when all co-owners agree to the division or sale of the property and seek court approval for its execution. 2. Forced Partition: This complaint is filed when co-owners are unable to reach an agreement on the division or sale of the property. The court then intervenes to decide the fairest course of action, which may include the sale of the property and distribution of proceeds among co-owners. 3. Partition by Sale: In situations where physically dividing the property is impractical or unfair, an Ohio Complaint for Partition by Sale may be filed. This process involves selling the property and distributing the proceeds among co-owners based on their respective ownership interests. 4. Joint Petition for Partition: Co-owners who agree to divide their property without engaging in a legal battle can file a Joint Petition for Partition, whereby they jointly request the court's intervention to oversee the partition process. 5. Ex Parte Partition: In certain cases, where one co-owner seeks to divide or sell the property against the other's wishes, an Ex Parte Complaint for Partition may be filed. This legal action allows the court to decide whether a partition should be granted and how it will be executed. 6. Partition in Kind: This type of complaint is filed when co-owners agree to physically divide the property, usually by drawing boundary lines, creating separate lots, or assigning specific areas to each party. The court determines the share of each co-owner in the divided property and ensures a fair division. Keywords: Voluntary Partition, Forced Partition, Partition by Sale, Joint Petition for Partition, Ex Parte Partition, Partition in Kind, division, sale, court intervention, legal battle, physical division, boundary lines, separate lots, share distribution.

The Ohio Complaint for Partition of Real Property is a legal document filed in Ohio courts to request the division or sale of jointly owned real estate between co-owners or tenants in common. This complaint aims to resolve conflicts and disputes arising from the ownership of a particular property by seeking a partition, which involves legally separating the interests of each co-owner. In cases where multiple individuals own a property but cannot come to an agreement on how to manage or divide it, a Complaint for Partition of Real Property becomes necessary. This legal action allows co-owners to assert their rights and interests in the property while seeking a fair and equitable solution. Keywords: Ohio, Complaint for Partition, Real Property, legal document, co-owners, tenants in common, division, sale, disputes, conflicts, ownership, partition, interests, legal action, co-ownership. Different types of Ohio Complaint for Partition of Real Property may include: 1. Voluntary Partition: This type of Complaint for Partition is filed when all co-owners agree to the division or sale of the property and seek court approval for its execution. 2. Forced Partition: This complaint is filed when co-owners are unable to reach an agreement on the division or sale of the property. The court then intervenes to decide the fairest course of action, which may include the sale of the property and distribution of proceeds among co-owners. 3. Partition by Sale: In situations where physically dividing the property is impractical or unfair, an Ohio Complaint for Partition by Sale may be filed. This process involves selling the property and distributing the proceeds among co-owners based on their respective ownership interests. 4. Joint Petition for Partition: Co-owners who agree to divide their property without engaging in a legal battle can file a Joint Petition for Partition, whereby they jointly request the court's intervention to oversee the partition process. 5. Ex Parte Partition: In certain cases, where one co-owner seeks to divide or sell the property against the other's wishes, an Ex Parte Complaint for Partition may be filed. This legal action allows the court to decide whether a partition should be granted and how it will be executed. 6. Partition in Kind: This type of complaint is filed when co-owners agree to physically divide the property, usually by drawing boundary lines, creating separate lots, or assigning specific areas to each party. The court determines the share of each co-owner in the divided property and ensures a fair division. Keywords: Voluntary Partition, Forced Partition, Partition by Sale, Joint Petition for Partition, Ex Parte Partition, Partition in Kind, division, sale, court intervention, legal battle, physical division, boundary lines, separate lots, share distribution.

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Section 5307.01 | Persons compelled to partition. 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.

If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. Defendants can admit the allegations, deny the allegations, claim they have insufficient knowledge to admit or deny the allegations, or object to allegations by giving a reason for the objection.

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 each tenant in common, coparcener, or other person interested ...

There are only two things that can officially stop a partition action: fraud and duress. Evidence of fraudulent activity on behalf of any of the co-owners or threats made to influence the outcome of the case may be grounds for stopping a partition action lawsuit.

Section 5307.25 for the first $5,000 of the value, as determined in the action, of the real estate, at the rate of 8 percent; all above the sum, and not exceeding $10,000, at the rate of 6 percent; all above that sum, and not exceeding $15,000, at the rate of 4 percent; and all above $15,000 at the rate of 2 percent, ...

The letter explains that you have the right to force a sale via partition action, citing to the relevant law. The letter ends by attempting to persuade your co-owners that voluntary sale or a voluntary buyout would be better than a forced sale.

Put simply, a co-owner who brings a lawsuit for partition in California is seeking to fairly and equitably divide a piece of real property among all its co-owners with the help of the court.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

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Pursuant to Local Rule. 27, party awarded decree of partition issues notice to all parties of the time, date and location of the sale. U. Property is sold at. May 31, 2022 — A partition is initiated by a co-tenant filing a petition for partition with the common pleas court. A partition must be filed in the county in ...Oct 18, 2022 — In short, in a partition action, one party can force the judicial sale of the property to the highest bidder with the net proceeds divided among ... Complete the appropriate complaint form, listed below. · Include any relevant details and evidence, such as dates, times, copies of photographs, documents, ... 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 ... The petition must be filed in the court of common pleas in the county in which the property is located. All persons holding an interest in the property must be ... A Partition Action can ask that the property be sold if it is determined that it cannot be divided. Certainly this is the usual case for a residential urban ... Im prose in my partition case and the judge just ordered the commissioners to partition and they determined the property. Expert's Assistant chat img. Utilize the Search field on top of the webpage if you need to look for another document. Click Buy Now and choose a convenient pricing plan. Create an account ... Feb 13, 2023 — What do I want to be the outcome of the partition suit? – Be clear with your lawyer, in the complaint, and with the other co-owners about what ...

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Partition Action Ohio