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.
Notes of Decisions
Cited in 22
cases (9 in the last 5 years), 1963–2026 · leading case: Bryan v. Looker, 640 N.E.2d 590 (Ohio Ct. App. 1994).
Bryan v. Looker, 640 N.E.2d 590 (Ohio Ct. App. 1994). · cites it 4דBryan from a decision of the Common Pleas Court of Allen County ordering the partition of certain real property located at 8011 Ramsey Road in Monroe Township pursuant to R.C. 5307.01 et seq. and determining the percentages of the parties’ ownership therein.”
Reel v. Reel, 2016 Ohio 8116 (Ohio Ct. App. 2016). · cites it 3דThe court found that Kathryn, as Roger’s spouse, acquired his interest in the subject property; she is entitled to have the property divided by partition pursuant to R.C. 5307.01 and 5307.04; and she is entitled to an accounting of rents and profits received by Claudia pursuant…”
Dolin v. Lupo, 2023 Ohio 3074 (Ohio Ct. App. 2023). · cites it 3ד” R.C. 5307.01. The court concluded No. 21AP-562 5 that the statutory requirements for partition under R.”
United States v. Long, 121 F. Supp. 3d 763 (N.D. Ohio 2014). · cites it 2דHowev *792 er, Wells Fargo presents no case authority which would direct the court to consider, or make a determination of, the equitable interests in the property in the circumstances of the case (enforcement of federal tax liens), as opposed to, for example, an action for…”
Malone v. Malone, 199 N.E.2d 405 (Ohio Ct. App. 1963). · cites it 5דSection 5307.01, Revised Code, which authorizes an action in partition and defines the procedure to be followed in such an action reads: “Tenants in common, and coparceners, of any estate in lands, tenements or hereditaments within the state, may be com *485 pelled to make or…”
Westbrook v. Swiatek, 2011 Ohio 781 (Ohio Ct. App. 2011). “09CAE09-0083 16 {¶68} R.C. 5307.01 provides that tenants in common, survivorship tenants, and coparceners of real estate may be compelled to partition land.”
Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011). “R.C. 5307.01; R.C. 5307.03. “If the court of common pleas finds that the plaintiff * * * 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…”
Forest Park Props., Inc. v. Pine, 224 N.E.2d 763 (Ohio Ct. App. 1966). · cites it 2דSection 5307.01, Bevised Code. The remaining question is whether the court shall approve the report of the majority of two of the three commissioners that, in their opinion, the estate cannot be divided without manifest injury to its value, and their evaluation or appraisement…”
Wickham v. Wickham, 2015 Ohio 4136 (Ohio Ct. App. 2015). “R.C. 5307.01; R.C. 5307.03. “If the court of common pleas finds that the plaintiff * * * has a legal right to any part of the Delaware County, Case No.”
Cuyahoga Cty. Treasurer v. Henen, 2024 Ohio 2263 (Ohio Ct. App. 2024). “Last, Riaz claims the trial court erred by failing to grant his claim for partition of the premises pursuant to R.C. 5307.01. Per the statute, only “tenants- in-common, survivorship tenants, and coparceners” may compel partition of a premises.”
Est. of Szabrak v. Ley, 2026 Ohio 991 (Ohio Ct. App. 2026). · cites it 3ד{¶73} In their third assignment of error, the Szabrak Plaintiffs contend the trial court erred in granting summary judgment to Ley on their partition claim.”
Sword v. Sword, 620 N.E.2d 199 (Ohio Ct. App. 1993). “R.C. 5307.01 provides that “[t]enants in common, survivorship tenants, and coparceners, of any estate in lands * * * may be compelled to make or suffer partition * * *.”
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