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Richard
Richard, Lawyer
Category: Real Estate Law
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Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In ohio can one owner ask does he usually receive a

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in ohio can one owner ask for and does he usually receive a right to partition when the owners are tenants in common. In this case there are 3 siblings owning 18 acres of farm land with water and sewage on an interstate exit.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Yes, absolutely. This right is specifically granted to tenants in common by statute which you can find at the following link: http://codes.ohio.gov/orc/5307 . But basically it works like this: When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale or partition without the suit to avoid the costs of the suit.
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