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I asked a question yesterday...
I asked a question yesterday . Paid the necessary amount and have not heard from anyone. Help!
JA: What state are you in? It matters because laws vary by location.
Customer: Ohio
JA: Has anything been filed or reported?
Customer: Not sure what you mean. We do not have any litigation goin on. My niece has completed stopped the sale of our parents home by refusing to sign any documents. How can we get her to comply? We have lost one buyer because of her childish behavior.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The deed to my parents' home is in my name, Michelle McCormick, my sister's, Lora Lee Cavinee and my brother's, David T. Barrett. Ted died. His share went to his wife, Charlene Barrett, who also died. My brother has two children, Julie Stanley and Brian Barrett. His wife adopted a grand son, John David Barrett. They are now on the deed. Everyone has cooperated but Julie Stanley. She does not want ANYONE to have the house if we won't give it to her. She has teribble credit and could not get a loan to buy the home. How can we make her either, take her name off the deed (she swears she doesn't want any of the proceeds) or sign the paperwork at closing? What legal rights do we have?? I gave all this information before.
Submitted: 1 year ago.Category: Legal
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11/2/2016
Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,556
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 1 year ago

You are going to need a local real estate lawyer to file a suit for partition here where the property is located.This is a court ordered sale, the court will order it sold and she can be held in contempt if she doesn't sign off here.This is the only way to resolve this other than somebody buying her interest now for cash and getting a quit claim from here.Otherwise a suit for partition here forces a sale and the court sets the terms and enforces it with contempt.Once property here is sold, the legal fees, costs of sale, etc come out of the gross sale and then the "net" here is divided among the heirs.

This is the legal remedy when you have an heir that will not cooperate here.The court orders it sold and forces her to agree to such a sale by contempt and jail if necessary.

I appreciate the chance to help you today.Thanks again.

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Lawyer: Ray, Lawyer replied 1 year ago

Ohio law

Chapter 5307: PARTITION

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.

Effective Date: 04-04-1985

5307.02 Place of partition proceedings.

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.

Effective Date: 10-01-1953

5307.03 Filing of petition - contents.

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.

Effective Date: 10-01-1953

5307.04 Order of partition.

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.

Effective Date: 10-14-1997

5307.041 Share of survivorship tenants.

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.

Effective Date: 04-04-1985

5307.05 Writ of partition.

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.

Effective Date: 10-14-1997

5307.06 Duty of commissioners in making partition.

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.

Effective Date: 10-14-1997

5307.07 Partition of multiple tracts.

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.

Effective Date: 10-14-1997

5307.08 Amicable partition.

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.

Effective Date: 10-14-1997

5307.09 Proceedings where estate cannot be divided without loss of value.

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.

Effective Date: 10-14-1997

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Lawyer: Ray, Lawyer replied 1 year ago

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Lawyer: Ray, Lawyer replied 1 year ago

I appreciate your patience, let me know if you have more follow up.

Thanks again.

If you can rate 5 stars when we are done it is always much appreciated.

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