Partition Action Complaint - Ohio

COMPLAINT FOR PARTITION OF REAL PROPERTY

IN THE COURT OF COMMON PLEAS

[____________] COUNTY, OHIO

COMPLAINT FOR PARTITION

Now comes Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, and for [his/her/its] Complaint against the Defendants, states as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] is [a resident of [____________] County, Ohio / an entity] and holds an estate in the Subject Property as a [☐ tenant in common / ☐ survivorship tenant / ☐ coparcener].

2. Defendant [COTENANT NAME] is, upon information and belief, [a resident of [____________] / an entity] whose last known address is [________________________________], and is a co-owner of the Subject Property.

3. The following persons are joined as Defendants because each is a co-owner of, or claims or may claim an interest, lien, or estate in, the Subject Property:

☐ [COTENANT NAME] — co-owner — interest [____/____]
☐ [COTENANT NAME] — co-owner — interest [____/____]
☐ Holder(s) of any mortgage, judgment, or other lien of record: [____________]
☐ [Tenant(s) / lessee(s) in possession]: [____________]

4. The unknown Defendants — including the unknown heirs, devisees, successors, assigns, and spouses of [____________], and all unknown persons claiming any interest in the Subject Property — may be served by publication pursuant to R.C. 2703.14 and Ohio Civ. R. 4.4.

5. This Court has jurisdiction over this partition action under R.C. 5307.01 and 5307.02. Venue is proper in [____________] County under R.C. 5307.02 and Ohio Civ. R. 3 because the Subject Property is located in this county.

II. THE SUBJECT PROPERTY

6. The real property that is the subject of this action (the "Subject Property") is located at [________________________________], [____________] County, Ohio, and is more particularly described as:

[INSERT FULL LEGAL DESCRIPTION]

Permanent Parcel No. / Auditor's Parcel No.: [____________]
Recording Reference: [Official Records / Volume-Page] [____________], [____________] County Recorder
Commonly Known As: [________________________________]

III. THE CO-OWNERSHIP AND RESPECTIVE INTERESTS

7. The Subject Property is owned by the parties as [☐ tenants in common / ☐ survivorship tenants / ☐ coparceners], with respective fractional interests as follows (R.C. 5307.03 requires the complaint to set forth the interests of all parties so far as known):

8. Plaintiff acquired [his/her/its] interest by:

☐ Deed dated [__/__/____], recorded [__/__/____] at [Volume/Instrument] [____________].
☐ Devise under the Will of [____________] (Probate Court, [____________] County, Case No. [____________]).
☐ Intestate succession from [____________], who died [__/__/____].
☐ Other: [________________________________].

9. ☐ The Subject Property was acquired upon the death of a decedent. More than one year has elapsed since the decedent's death, OR Plaintiff is prepared to show that all claims against the estate have been paid, secured to be paid, or that the decedent's personal property is sufficient to pay them (R.C. 5307.04).

IV. ENTITLEMENT TO PARTITION

10. As a co-owner of the Subject Property, Plaintiff is entitled to compel partition under R.C. 5307.01. The right of partition is statutory, and the parties cannot agree upon the use, management, or voluntary disposition of the Subject Property.

V. METHOD OF PARTITION — IN KIND, ELECTION, OR SALE

11. Partition in kind (favored). Plaintiff requests that the Court order partition under R.C. 5307.04, issue a writ of partition, and appoint a commissioner or commissioners under R.C. 5307.06 to make partition of the Subject Property among the co-owners according to their respective interests, having due regard to the improvements, situation, and quality of the different parts.

12. Appraisal and election to take. If the commissioner(s) are of the opinion that the Subject Property cannot be divided without manifest injury to its value, Plaintiff requests that the commissioner(s) return an appraisal of its value under R.C. 5307.09, and that any one or more of the parties be permitted to elect to take the Subject Property at the appraised value and pay the other parties their proportionate shares under R.C. 5307.10.

13. Partition by sale. If no party elects to take the Subject Property at the appraised value, Plaintiff requests that the Court order the Subject Property sold under R.C. 5307.11 and 5307.12, and that the net proceeds be distributed among the parties according to their respective interests under R.C. 5307.14, subject to the accounting set forth below.

☐ Plaintiff alleges the Subject Property cannot be divided without manifest injury to its value because: [single residential structure / indivisible improvements / disproportionate parcels / other: ____________].

VI. ACCOUNTING; RENTS AND PROFITS; CONTRIBUTION

14. Plaintiff requests that the Court, in determining the proper distribution of the Subject Property or its sale proceeds, take an accounting among the co-owners and adjust their respective shares to reflect the following equitable claims, including a co-owner's recovery from another co-owner of that co-owner's share of rents and profits received under R.C. 5307.21:

15. ☐ One or more co-owners has been in sole/exclusive possession of the Subject Property and [☐ has excluded Plaintiff (ouster) / ☐ has received rents from third parties], warranting an offset or charge against that co-owner's share.

VII. LIS PENDENS

16. By the filing and pendency of this action, all persons acquiring an interest in the Subject Property are bound by the proceedings under R.C. 2703.26. Plaintiff [☐ also will record/file a notice of the pendency of this action as appropriate].

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court:

A. Determine the respective interests of all parties in the Subject Property;

B. Order partition of the Subject Property under R.C. 5307.04, issue a writ of partition, and appoint a commissioner or commissioners under R.C. 5307.06 to make partition in kind among the parties according to their respective interests;

C. If the Subject Property cannot be divided without manifest injury to its value, order an appraisal under R.C. 5307.09 and permit any party to elect to take the Subject Property at the appraised value under R.C. 5307.10;

D. If no party so elects, order the Subject Property sold under R.C. 5307.11 and 5307.12 and the net proceeds distributed among the parties according to their respective interests under R.C. 5307.14;

E. Take an accounting among the co-owners and adjust the shares or distribution to reflect contributions for taxes, liens, insurance, repairs, and improvements, and offsets for rents and profits (R.C. 5307.21), ouster, and waste;

F. Tax the costs and expenses of this action equitably among the parties and award reasonable attorney fees for services rendered for the common benefit of all parties under R.C. 5307.25; and

G. Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted this [____] day of [____________], 20[____].

_________________________________
[ATTORNEY NAME]
Ohio Reg. No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff

VERIFICATION

STATE OF OHIO )
            ) ss.
COUNTY OF [____________] )

[PLAINTIFF NAME], being first duly sworn, states that [he/she/the affiant] is the Plaintiff in the foregoing action; that [he/she] has read the foregoing Complaint for Partition; and that the statements therein are true of [his/her] own knowledge, except as to those matters stated on information and belief, and as to those matters [he/she] believes them to be true.

_________________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

_________________________________
Notary Public
My commission expires: [__/__/____]

[NOTARY SEAL]

NOTICE OF PENDENCY (LIS PENDENS)

Ohio Rev. Code § 2703.26

NOTICE IS HEREBY GIVEN that the above-captioned partition action is pending in the Court of Common Pleas, [____________] County, Ohio, Case No. [____________], affecting title to the following described real property:

[INSERT FULL LEGAL DESCRIPTION]

Permanent Parcel No.: [____________]
Common Address: [________________________________]

The object of the action is the partition of the above-described real property among its co-owners, by division in kind, election to take at appraised value, or sale and distribution of the net proceeds, together with an accounting and related relief. Pursuant to R.C. 2703.26, a person purchasing or acquiring an interest in the Subject Property during the pendency of this action is bound by the proceedings.

Dated this [____] day of [____________], 20[____].

_________________________________
[ATTORNEY NAME], Attorney for Plaintiff

SOURCES AND REFERENCES

• Ohio Rev. Code § 5307.01 (persons compelled to partition); § 5307.02 (place); § 5307.03 (complaint contents)
• Ohio Rev. Code § 5307.04 (order of partition; one-year limit after decedent's death); § 5307.05 (writ); § 5307.06 (commissioners' duty)
• Ohio Rev. Code § 5307.08 (amicable partition); § 5307.09 (cannot divide without manifest injury; appraisal); § 5307.10 (election to take at appraised value)
• Ohio Rev. Code § 5307.11 (sale when no election); § 5307.12 (conduct of sale); § 5307.13 (confirmation); § 5307.14 (distribution of proceeds)
• Ohio Rev. Code § 5307.21 (recovery of share of rents and profits between co-owners); § 5307.25 (costs and attorney fees equitably taxed)
• Ohio Rev. Code § 2703.26 (lis pendens); § 2703.14 (service by publication); Ohio Civ. R. 3, 4.4
• Stephan v. Wacaster (Ohio Ct. App.) (tenancy in common; right to partition family farm)

UPHPA STATUS NOTE: Ohio has NOT enacted the Uniform Partition of Heirs Property Act. Partition is governed by R.C. Chapter 5307 (§§ 5307.01–5307.25), which provides for partition in kind, an election to take at appraised value, and sale where the property cannot be divided without manifest injury.

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Independently verify all citations against the current Ohio Revised Code and Ohio Rules of Civil Procedure. Consult a licensed Ohio attorney before filing.