reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5305.18 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5305 | Dower|Section 5305.18 | Petition to Discharge Land of Dower of Incompetent Person.

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 thereof, is situated, making defendants thereto such incompetent person, and the spouse and guardian, if such incompetent person has either or both, for leave to sell any part of such real property, discharged and unencumbered of such contingent or vested right of dower. The petition must set forth the grounds for the incompetency of the person, together with a description of the land proposed to be sold. Thereupon the court shall appoint a committee of six competent individuals, of whom at least three are physicians, who, under oath, shall inquire into the competence of such person, and hear testimony to be produced by the spouse or guardian, or, if there is no such guardian, by a guardian ad litem to be appointed in the action. The committee shall make a report, in writing, of the result of its investigation, signed by its members.
Ohio Rev Code § 5305.19 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5305 | Dower|Section 5305.19 | Inquest of Competence.

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 freeholders to appraise the real estate described in the petition mentioned in said section, whether or not such real estate is in one or several counties. Such freeholders shall report in writing the value of each tract.
Ohio Rev Code § 5305.20 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5305 | Dower|Section 5305.20 | Proceedings on Report of Inquest of Competence.

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 fee, such proportion of the real estate described in the petition as seems just, or the court may assign to such incompetent person, to be held by the incompetent person during life, after the death of the spouse of such person, such proportion of the real estate described in the petition as seems just, for the incompetent person's support, or the court may order the petitioner to invest an amount by it fixed, in the stock of a company, or stocks created by the laws of this state, as the court designates, the profits, and dividends or distributions, arising from such investment to be applied to the support and maintenance of the incompetent person after the death of the spouse of such person. The petitioner, upon compliance with the order of the court, may sell all the real property the petitioner is possessed of, described in the petition, free and unencumbered of the contingent or vested right of dower of such incompetent person.
Ohio Rev Code § 5305.21 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5305 | Dower|Section 5305.21 | Dower of Incompetent Person May Be Barred.

Effective: August 7, 2007|Latest Legislation:  House Bill 53 - 127th General Assembly|When the spouse of an incompetent person conveys real estate in this state, in which such person has a contingent or vested right of dower, and the incompetent person does not join the spouse in the conveyance, the spouse may apply by petition to the court of common pleas of the county in which the incompetent person resides, or, if such incompetent person resides out of the state, then in the county in which the real estate is situated, for leave to have part or all of such real estate so conveyed, released of the dower right therein. Such petition shall set forth the grounds for incompetency of the incompetent person, and a description of the land proposed to be affected. The incompetent person, guardian, if there is one, and all persons in interest, shall be made defendants, and the action shall be proceeded with as prescribed in sections 5305.18 to 5305.20 of the Revised Code, except that instead of ordering the petitioner to sell the real estate or to convey or assign to such incompetent person any part of it, the court shall direct the petitioner to make such investment as is provided in section 5305.20 of the Revised Code, or require the petitioner to secure the amount to the use of the incompetent person by mortgage of unencumbered real estate of at least double the value thereof. Upon compliance by the petitioner with the order made, the court shall enter a judgment releasing and discharging the real estate from the encumbrance of such right of dower, and adjudge the holder of the legal title, or other party liable, to pay to the petitioner any sum withheld or retained as indemnity against such dower right.
Ohio Rev Code § 5305.22 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5305 | Dower|Section 5305.22 | Real Estate May Be Conveyed Free From Dower if Spouse Incompetent.

Effective: September 17, 2014|Latest Legislation:  Senate Bill 43 - 130th General Assembly|(A) Any real estate or interest in real estate coming to a person by purchase, inheritance, or otherwise, after the spouse of the person is adjudged a mentally ill person subject to court order and admitted to either a hospital for persons with mental illness in this or any other state of the United States or the psychiatric department of any hospital of the United States, may be conveyed by the person while the person's spouse who is a mentally ill person subject to court order remains a patient of that hospital, free and clear from any dower right or expectancy of the person's spouse who is a mentally ill person subject to court order. Dower shall not attach to any real estate so acquired and conveyed during the time described in this section in favor of such spouse who is a mentally ill person subject to court order. The indorsement upon the instrument of conveyance, by the superintendent of the hospital to which the spouse was admitted, that the spouse of the person conveying the real estate is a mentally ill person subject to court order who has been admitted to that hospital, stating when received in that hospital and signed officially by the superintendent, shall be sufficient evidence of the fact that the spouse of the person conveying the real estate is a mentally ill person subject to court order. This indorsement shall be a part of the instrument of conveyance. (B) As used in this section, "mentally ill person subject to court order" has the same meaning as in section 5122.01 of the Revised Code.
Ohio Rev Code § 5307.01 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.01 | Persons Compelled to Partition.

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.
Ohio Rev Code § 5307.02 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.02 | Place of Partition Proceedings.

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 estate is situated.
Ohio Rev Code § 5307.03 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.03 | Filing of Petition - Contents.

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 each tenant in common, coparcener, or other person interested therein, as defendant. When the title to such estate came to such person by descent or devise upon the death of an inhabitant of this state, a partition thereof shall not be ordered by the court within one year from the date of the death of such decedent, unless the petition sets forth and it is proved that all claims against the estate of such decedent have been paid, or secured to be paid, or that the personal property of the deceased is sufficient to pay them.
Ohio Rev Code § 5307.04 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.04 | Order of Partition.

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 one suitable disinterested person to be the commissioner to make the partition, and issue a writ of partition. The court on its own motion may, and upon motion of a party or any other interested person shall, appoint one or two additional suitable persons to be commissioners. If the estate to be partitioned extends beyond the county in which the action is commenced, the court may appoint a separate commissioner or commissioners, not to exceed three, to make the partition of that portion of the estate located in the other county.
Ohio Rev Code § 5307.041 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.041 | Share of Survivorship Tenants.

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.
Ohio Rev Code § 5307.05 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.05 | Writ of Partition.

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 commissioner or commissioners, the sheriff shall cause to be set off and divided to the plaintiff or each interested party, whatever part and proportion of the estate as the court of common pleas orders.The oaths of the commissioner or commissioners may be administered by the sheriff.
Ohio Rev Code § 5307.06 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.06 | Duty of Commissioners in Making Partition.

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 and equitable.If the commissioner or commissioners set the estate apart in lots, it shall be surveyed and platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections.
Ohio Rev Code § 5307.07 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.07 | Partition of Multiple Tracts.

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 same proprietors in like proportion in each tract, in which case the share of any proprietor, in all the tracts, may be set off to the proprietor according to the best discretion of the commissioner or commissioners. If the commissioner or commissioners divide any tract, it shall be surveyed and platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections.
Ohio Rev Code § 5307.08 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.08 | Amicable Partition.

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 agreeable to the prayer and facts set forth in the petition, which amicable partition, when made and recorded, shall be valid and binding between the parties to the partition. In cases in which a requested partition is consented to under this section and in all cases in which the lands are divided among the parties by the commissioner or commissioners, the court shall order the sheriff to execute and deliver a deed to each person entitled to a deed for the portion set off and assigned to the person. Land divided pursuant to this section shall be surveyed and platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections.
Ohio Rev Code § 5307.09 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.09 | Proceedings Where Estate Cannot Be Divided Without Loss of Value.

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 pleas with a just valuation of the estate. If the court approves the return and if one or more of the parties elects to take the estate at the appraised value, it shall be adjudged to them, upon their paying to the other parties their proportion of its appraised value, according to their respective rights, or securing it as provided in section 5307.10 of the Revised Code.
Ohio Rev Code § 5307.10 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.10 | Terms of Payment When Estate Taken by Party - Execution of Conveyance.

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 cash, or all the parties in interest agree thereon, the terms of payment shall be one third cash, one third in one year, and one third in two years, with interest, the deferred payments to be secured to the satisfaction of the court. On payment being made in full, or in part, with sufficient security for the remainder, as provided in this section, according to the order of the court the sheriff shall make and execute a conveyance to the parties electing to take it.
Ohio Rev Code § 5307.11 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.11 | Sale of Estate When No Election Made.

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 partition or the sheriff's successor in office;(B) An auctioneer who is licensed under Chapter 4707. of the Revised Code and who is qualified under section 4707.021 of the Revised Code to conduct an auction of real property.
Ohio Rev Code § 5307.12 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.12 | Conduct of Sale - Terms.

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 the court of common pleas directs it to be made on the premises. The sale shall be conducted as upon execution, except that it is unnecessary to appraise the estate.(2) If the sale is made by a licensed auctioneer, the sale shall be made pursuant to Chapter 4707. of the Revised Code.(B) No property shall be sold for less than two thirds of the value returned by the commissioner or commissioners.
Ohio Rev Code § 5307.13 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.13 | Confirmation of Sale and Execution of Conveyance.

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 payment of the consideration money, or taking sufficient security for that payment, to the satisfaction of the court.
Ohio Rev Code § 5307.14 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.14 | Distribution of Proceeds; Auctioneer's Compensation and Reimbursement for Expenses; Sheriff's Liability.

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 the money or securities, in lieu of their respective parts and proportions of the estate, according to their rights in the estate. (B) When a sale is made by a licensed auctioneer, the auctioneer shall receive compensation and reimbursement for expenses as described in section 2335.021 of the Revised Code, that the court shall apportion as costs to the parties as the court finds reasonable and proper.(C) All receipts of money or securities by the sheriff arising from a sale or election are in the sheriff's official capacity, and the sureties on the sheriff's official bond are liable for any misapplication of those receipts.
Ohio Rev Code § 5307.15 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.15 | Proceedings When Estate Has Been Once Offered and Not Sold.

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 of the estate at not less than two thirds of the revaluation, or, if deemed for the interest of the parties, the court may order a sale without a revaluation, at not less than a sum it fixes.
Ohio Rev Code § 5307.16 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.16 | Execution and Delivery by Sheriff or Officer Performing Duties of Sheriff Where Property Not Conveyed.

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 has been fully paid or secured, on motion, may order the sheriff of the county, or officer performing the duties of sheriff, to execute and deliver to the purchaser, or person electing to take the property, a deed for the property.
Ohio Rev Code § 5307.17 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.17 | Dower Assigned to Widow - Exceptions.

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 answer, she has elected to be endowed out of the proceeds of a sale of the estate, and the commissioner or commissioners do not make partition but return a valuation of it;(3) When the right of dower extends only to an undivided interest in the estate.(B) In cases in which the right of dower extends only to an undivided interest in the estate, and in cases in which an undivided interest is subject to a life estate, and the tenant for life has not, by answer, elected to receive the value of the tenant for life's estate out of the proceeds of a sale of such interest, if an appraisement of the estate is to be returned, the commissioner or commissioners may assign the dower or set off the life estate, or, if the commissioner or commissioners find it for the interest of the parties to do so, the commissioner or commissioners may appraise the whole interest, and the widow and the tenant for life shall receive the value of their interests out of the proceeds of a sale of it.
Ohio Rev Code § 5307.18 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.18 | Commissioners to Set Off Dower.

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, sections 5305.01 to 5305.22 of the Revised Code.
Ohio Rev Code § 5307.19 (2021)
2021 Ohio Revised Code|Title 53 | Real Property|Chapter 5307 | Partition|Section 5307.19 | Power of Guardian to Act for Ward in Partition.

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 a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.The guardian of a minor or incompetent person, on behalf of the guardian's ward, may perform any act, matter, or thing respecting the partition of an estate which such ward could do under sections 5307.01 to 5307.25 of the Revised Code, if the ward were of age and of sound mind. On behalf of such ward, the guardian may elect to take the estate, when it cannot be divided without injury, and make payments therefor on the ward's behalf.