reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.32 | Sale of Property Given for a Religious Use.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When real estate, except burial grounds or cemeteries, has been donated, bequeathed, or otherwise entrusted to, or purchased by any person or trustee, for public religious use, but not to or for the use of a specific or particular religious society or denomination, or when it has been donated, bequeathed, or entrusted to, or purchased by a particular religious society or denomination, and abandoned for such use, the court of common pleas of the county in which it is located, on good cause shown, upon the petition of a citizen of the vicinity, may make an order for the sale of such property, whether or not it has been built upon or otherwise improved, and make such order as to costs and the disposition of the proceeds of the sale to such religious or other public use as is just and equitable. The purchaser shall be invested with as full and complete a title thereto as the character of the original grant for such religious use permits.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5303 | Actions Relating to Realty › Section 5303.33 | Necessary Parties to Proceeding.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All persons who have vested, contingent, or reversionary interest in the real estate referred to in section 5303.32 of the Revised Code, and the trustees or other temporal officers of the religious society then using it, shall be made parties to such petition, and be notified of its filing, as in a civil action.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.01 | Assignment of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the lands of a deceased person are not encumbered by mortgage, or by judgment obtained against such decedent during life, the heir, guardian of an heir, or other person having the next immediate estate of inheritance, may assign in writing to the surviving spouse, dower therein, particularly describing such estate, which, if approved in writing on the deed of assignment by the probate judge of the county, and also by the probate judge of the county appointing such guardian, and accepted by such spouse, in writing thereon, shall be a valid assignment.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.02 | Petition for Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A surviving spouse may file a petition for dower in the court of common pleas, against the heir, or other person having the next immediate estate of inheritance or other estate or interest therein, setting forth the right thereto, and describing the tracts of land in which dower is claimed. On the hearing the court shall render such judgment as appears just and consistent with the rights of the parties interested.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.03 | Encumbrances Presented.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the rights of a lessee or lienor are shown by cross-petition filed before judgment, such rights and liens shall be regarded by the court of common pleas, and no inequality shall be allowed or injustice done to such lessee or lienor.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.04 | Land Situated in Different Counties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the lands in which dower is claimed lie in several counties, the petition for dower may be filed by the surviving spouse in any county in which a part of the estate is situated. The court of common pleas of such county has complete jurisdiction, and may order the whole dower of such spouse to be assigned in one or more of such counties, and out of one or more of such tracts of land, if it may be done without prejudice to the rights of any person claiming title to or holding a lien on the land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.05 | Death of Plaintiff Before Assignment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a plaintiff in an action to assign dower dies before the assignment, or before entry of the final judgment, the action may be revived in the name of the executor or administrator. The court of common pleas shall determine, if not before decided, whether the plaintiff was entitled to dower in such action. If the plaintiff was so entitled, the court shall adjudge in favor of such executor or administrator a sum equal to one third of the rental value of the real estate in which the plaintiff was entitled to dower, from the filing of the petition until death, after deducting one third of the necessary expenses. The sum so adjudged in favor of such executor or administrator is a lien upon such real estate, and its payment may be enforced by sale as upon execution.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.06 | Appointment of Commissioners to Assign Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When dower is adjudged, the court of common pleas shall appoint three judicious, disinterested men of the county in which the action to assign dower is pending, who are not of kin to either of the parties interested, to be commissioners. The court shall issue its order to the sheriff of that county, commanding him that by the oaths of the commissioners which may be administered by him, he cause such dower to be set off and assigned to the plaintiff in the manner set forth in the judgment.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.07 | Proceedings Upon Return of Assignment of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The commissioners provided for in section 5305.06 of the Revised Code and the sheriff shall obey the order to assign dower, and return their proceedings thereon to the court of common pleas at such time as it appoints. If the court approves the assignment, it shall be entered on its records, and thenceforth the assignment is valid. Thereupon execution shall be issued, directing the sheriff to put the surviving spouse in full possession of the dower assigned.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.08 | Assignment of Dower When Estate Indivisible.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an estate of which a surviving spouse is dowable is entire, and no division of it can be made by metes and bounds, dower shall be assigned as of a third part of the rents, issues, and profits thereof, to be computed and ascertained by the commissioners provided for in section 5305.06 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.09 | Timberlands or Other Unimproved Lands or Lots.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an estate of which a surviving spouse is dowable, or in which such spouse owns a dower interest assigned to or vested in such spouse, consists in whole or in part of timberlands or other unimproved lands or lots, the commissioners, appointed as provided in section 5305.06 of the Revised Code, shall return to the court of common pleas a true appraisement of such lands in money, and also a true appraisement of their annual rental value. Upon the hearing of such report, if it appears to the court that the assignment of dower in such lands, either by metes and bounds, or as of the rents, issues, and profits, cannot be or has not been made so as to provide such surviving spouse with an income from the lands or lots so charged commensurate with their value, as fixed by such commissioners, the court shall determine the value of such dower in money, and make an order directing the sheriff to advertise and sell such lands, or so much thereof as is necessary, as upon execution. The sheriff shall not cause the lands to be appraised, but their value as returned by the commissioners shall be the appraised value, and they shall not be sold for less than two thirds of that value. Upon the confirmation of such sale, the court shall order the payment to the surviving spouse out of the money arising therefrom the value of the dower so determined by it.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.10 | Election by Owner of Lands to Pay Value of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The person owning lands or lots mentioned in section 5305.09 of the Revised Code, at the time the order for the sale of such lands is made, may elect to pay to the surviving spouse the value of the dower. If such payment is made within ten days or such further reasonable time as the court of common pleas grants not exceeding ninety days from such election, the court shall make a decree divesting such spouse of any interest by way of dower in such lands. A surviving spouse owning a dower interest in timber lands or other unimproved lots or lands assigned to or vested in such spouse may maintain an action for relief in accordance with section 5305.09 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.11 | Dower During Pendency of Petition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the commissioners provided for in section 5305.06 of the Revised Code have set off and assigned dower, they shall make a true appraisement of the yearly value, after deducting necessary expenses, of the real estate in which the surviving spouse is entitled to dower, estimating such value from the day of filing the petition for dower to the day of assigning dower, and return such appraisement and assignment. The court of common pleas shall adjudge the payment of one third of the whole sum so returned to the surviving spouse out of the real estate not covered by the dower, upon which judgment execution may issue. This section does not require execution to be issued against such of the defendants in dower as are minors. In such cases the dower shall operate as a lien upon the real estate, for their proportion of the judgment, until it is paid.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.12 | Exemptions in Estimating Yearly Value of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In making the appraisement of the yearly value of the real estate provided for in section 5305.11 of the Revised Code, the commissioners must exclude all permanent or valuable improvements made thereon after the deceased consort of the surviving spouse ceased to be its owner.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.13 | Minor Heir Not to Be Prejudiced by Collusive Assignment of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
During the minority of an heir, if dower is assigned to a surviving spouse not entitled thereto, or, if such dower was recovered by the default, fraud, or collusion of the guardian, such heir, on coming of age, may have an action against such spouse to recover the lands wrongfully awarded.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.14 | Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the petition of a person claiming dower is contested, and the court of common pleas finds that such person is entitled to dower as claimed therein, the defendant so contesting shall pay all costs of the suit. If the petition is not contested, the plaintiff shall pay one third, and the legal owner of the real estate two thirds of the costs.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.15 | Surviving Spouse May Elect to Be Endowed Out of Proceeds of Sale.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In actions for partition, when an estate cannot be divided, and is ordered to be sold, and in actions for the sale of real estate by executors, administrators, guardians, and assignees, acting under a general assignment for the benefit of creditors, and in all other actions and proceedings in which the court orders the sale of real estate to satisfy a judgment or decree, the surviving spouse who has a dower interest in such real estate, and is a party, may file an answer, waive the assignment of dower by metes and bounds, and ask to have the estate sold free of dower and to be allowed, in lieu thereof, such money out of the proceeds of sale as the court deems the just value of the dower interest therein.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.16 | Election by Answer Is a Release of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The answer of a surviving spouse under section 5305.15 of the Revised Code has the same effect, in all respects, as a deed of release to the purchaser of such estate of the dower interest therein of such spouse.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5305 | Dower › Section 5305.17 | Guardian May Elect for Surviving Spouse.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in this section and sections 5305.18 to 5305.22 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 surviving spouse who has been adjudged to be an incompetent person may appear and answer for such incompetent person in an action under section 5305.15 of the Revised Code, subject to the approval of the court in which it is pending. Such answer has the same effect as if such spouse answered personally. The guardian shall be liable to such spouse, or the heirs, for all damage or loss sustained by the guardian's fraud or collusion, notwithstanding the approval of the court.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th 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 person with a mental illness 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 person with a mental illness 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 person with a mental illness 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 person with a mental illness 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 person with a mental illness 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 person with a mental illness subject to court order. This indorsement shall be a part of the instrument of conveyance.
(B) As used in this section, "person with a mental illness subject to court order" has the same meaning as in section 5122.01 of the Revised Code.
Last updated March 10, 2023 at 1:07 PM
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5307 | Partition › Section 5307.20 | Powers of Foreign Guardian.

Effective:
August 7, 2007
Latest Legislation:
House Bill 53 - 127th General Assembly
A person appointed according to the laws of any other state or country to take charge of the estate of an incompetent person not a resident of this state, upon being authorized in this state to take charge of such estate situated therein, may act in the partition of the estate the same as the guardian of an incompetent person is authorized to do by section 5307.19 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5307 | Partition › Section 5307.21 | Actions by One Coparcener Against Another.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
One tenant in common, or coparcener, may recover from another tenant in common, or coparcener his share of rents and profits received by such tenant in common or coparcener from the estate, according to the justice and equity of the case. One coparcener may maintain an action of waste against another coparcener. No coparcener shall have any privileges over another coparcener, in any election, division, partition, or matter to be made or done, concerning lands which have descended.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5307 | Partition › Section 5307.22 | Partition of Property Belonging to Religious Corporations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more religious denominations, or other societies, or associations, have united in a corporation, and as such corporation acquire title to real estate in this state, and they subsequently agree to separate and form two or more corporations under the laws of this state, either corporation, after such separate organization, may file its petition for partition under section 5307.03 of the Revised Code of such property so acquired and held.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5307 | Partition › Section 5307.23 | Partition of Property Belonging to Religious Societies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more religious societies or congregations, by gift or purchase have acquired land upon which to erect a house of public worship, and other buildings for church or school purposes, and for a cemetery, in common, and either of such societies or congregations desires to abandon the joint use of such house of worship, or other erections, it may commence an action for the partition of the use of such common property, except the cemetery, which may continue to be used in common.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5307 | Partition › Section 5307.24 | Effect of Partition of Religious Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the court of common pleas finds that partition, in cases mentioned in section 5307.23 of the Revised Code, can be so made as to occasion no confusion or inconvenience to either party in the separate use of the common property, it may order the partition thereof. The judgment shall specify for what purpose partition of the use is made, and how and for what purpose the use of the premises allotted to each party are to be occupied. In no case shall such property, or any part thereof be occupied for any other purpose than the erection of a house of worship, and other erections connected therewith.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5307 | Partition › Section 5307.25 | Costs and Expenses to Be Equitably Taxed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Having regard to the interest of the parties, the benefit each may derive from a partition, and according to equity, the court of common pleas shall tax the costs and expenses which accrue in the action, including reasonable counsel fees, which must be paid to plaintiff's counsel unless the court awards some part thereof to other counsel for services in the case for the common benefit of all the parties; and execution may issue therefor as in other cases.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.01 | Registration of Land Title Definitions.

Effective:
March 30, 1999
Latest Legislation:
Senate Bill 83 - 122nd General Assembly
As used in this chapter and Chapter 5310. of the Revised Code:
(A) "Certificate of title" includes all memorials and notations noted under a certificate of title.
(B) "Trust deed in the nature of a mortgage" is a mortgage and subject to the same rules as a mortgage.
(C) "Probate court" has the same meaning as in section 2101.01 of the Revised Code.
(D) "Registered land" means any land registered under this chapter and Chapter 5310. of the Revised Code.
(E) "Housing accommodations" and "restrictive covenant" have the same meanings as in section 4112.01 of the Revised Code.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.02 | Jurisdiction of the Court of Common Pleas and the Probate Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Concurrent jurisdiction, except as otherwise provided, is hereby conferred upon the court of common pleas and the probate court in all maters arising under sections 5309.02 to 5310.21, inclusive, of the Revised Code. The probate court shall have all the powers at law and in equity of a court of general jurisdiction as to such matters. In counties having three or more judges of the court of common pleas, such judges may select one or more from their own number who shall act as judges in land registration cases and matters. If the judges so selected are unable to perform the duties on account of interest, absence, or other disability, or in case of emergency, any other judge of the court of common pleas for the same county may perform them. The court of common pleas in any county may appoint one or more deputy clerks to assist the clerk in attending to land registration cases and matters. Such court may inquire into the condition of the title to all interests in land, legal or equitable, or any lien, charge, or encumbrance thereon, and make all orders, judgments, and decrees necessary to settle, as against all persons known and unknown, in being or unborn, such title, or interest, and all liens and encumbrances existing therein, and their order and preference, and remove clouds from such title and forever quiet and settle the title.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.03 | Powers of the County Recorder.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
To carry out sections 5309.02 to 5310.21, inclusive, of the Revised Code, the county recorder may administer oaths, issue subpoenas, summons, and other process, serve and cause notices to be served, enforce the attendance of and examine witnesses, compel the production of papers and evidence, order surveys and appoint competent surveyors to make them, and conduct hearings and make such orders as are appropriate and in accordance with such sections.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.04 | Examiners of Titles - Qualifications, Bond, Duties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court of common pleas in each county shall appoint, subject to removal at any time by said court, one or more examiners of titles, who shall be officers of the court and competent attorneys at law with skill and experience in the examination of titles to real estate. Each examiner, before entering on the discharge of his duties, shall give a bond payable to this state for the use of whom it may concern, in an amount and with such sureties as are approved by a judge of said court, but in no case less than one thousand nor more than ten thousand dollars, conditioned for the honest and faithful performance of his duties and the faithful accounting for and turning over all papers, documents, money, or property which may come into his possession by virtue of his appointment. Such bond shall be filed with the clerk of the court of common pleas and recorded and shall then be deposited with the county treasurer who shall receipt to the clerk therefor by indorsement on the record of such bond. Said examiners may administer oaths, take testimony and other evidence, and generally exercise all powers and perform all duties of masters of chancery. No examiner of titles shall in any way represent any party in interest in any matters in any way relating to proceedings to register title to land, or any interest therein, or lien or charge thereon, or in any suit or proceeding relating to registered land.
2023 Ohio Revised Code › Title 53 | Real Property › Chapter 5309 | Registration of Land Titles › Section 5309.05 | Persons Permitted to Have Title to Land Registered.

Effective:
February 1, 2002
Latest Legislation:
House Bill 279 - 124th General Assembly
The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of, the legal or equitable estate in fee in and to the whole of any parcel of land, may personally or through an attorney in fact, authorized by an instrument signed, acknowledged, and recorded as a deed, have their title to that estate in that land, or the whole title to that land, registered in the county where the land is situated. A corporation may apply by its agent or attorney, authorized by vote of its board of directors, and any person under disability may apply by the person's legal guardian or trustee. All persons in whose behalf the application is made shall be named as the applicants or plaintiffs, except in cases mentioned in section 5309.66 of the Revised Code.