Co-owning real estate can be beneficial in many circumstances, but disputes often arise when co-owners cannot agree on how the property should be used, maintained, or sold. In Ohio, a partition action offers a legal remedy for resolving these disputes.
A partition action is a lawsuit brought by one or more co-owners of real property asking the court to divide the property or its value amongst the titled owners. Notably, Ohio law generally recognizes a partition as a matter of right, meaning a co-owner may seek a partition even if the other owner(s) object. Partition actions commonly arise when:
- Non-married couples co-own property
- Family members inherit property
- Business partners or investors jointly own property
- One co-owner wants to sell the property, but the others refuse
Ohio courts recognize two forms of partition: partition in kind and partition by sale. Partition in kind involves physically dividing the property so that each owner receives a separate portion. However, many properties cannot be divided without diminishing their value, making physical division impractical. In those instances, Ohio courts may order a partition by sale, with the proceeds being distributed among the owners according to their respective interests. Partition by sale is the most common outcome for single-family homes, small commercial properties, and income-producing real estate.
Although a partition itself is generally available as a matter of right, co-owners may raise objections or defenses. These can include disputes over ownership percentages, contractual restrictions on sale, or arguments that partition in kind is feasible.
Partition actions are a powerful tool when co-owners are at an impasse, but they carry significant legal and financial consequences. Consulting with an experienced attorney early in the process can help assess risks, explore settlement options, and determine whether litigation is necessary.
The litigation team at Pickrel, Schaeffer & Ebeling is here to help. For more information, please get in touch with the author at kprice@pselaw.com or 937-223-1130.
