Ohio Rev. Code » Chapter 5307
Ohio Revised Code

Ohio Rev. Code § 5307.03 (2026)

Filing of petition - contents

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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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.
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1990–2025 · leading case: Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011).
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Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011). “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…”
Wickham v. Wickham, 2015 Ohio 4136 (Ohio Ct. App. 2015). “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.”
Hunter v. Crumrine, 2023 Ohio 4784 (Ohio Ct. App. 2023). “23-COA-010 11 instituted a partition action in Ashland County Common Pleas Court under R.C. 5307.03.” In his motion, Blain did not argue that Civil Rule 54(C) provided him with a meritorious defense to the motion for default judgment.”
Thrasher v. Watts, 2013 Ohio 2581 (Ohio Ct. App. 2013). “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 8 suitable disinterested person to be the…”
Meddock v. Meddock, 2025 Ohio 1087 (Ohio Ct. App. 2025). “R.C. 5307.03; R.C. 5307.04. Indeed, “[t]he court of common pleas is vested with plenary jurisdiction in actions for the partition of realty.”
Pryor v. Pryor, 2025 Ohio 1854 (Ohio Ct. App. 2025). · cites it 3× “” R.C. 5307.03 states: 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…”
DeVault v. DeVault, 2 Ohio App. Unrep. 252 (Ohio Ct. App. 1990). · cites it 2× “" R.C. 5307.03 provides in pertinent part: "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…”
Piros v. Teague, 2023 Ohio 3730 (Ohio Ct. App. 2023). “* * *” R.C. 5307.03. “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…”
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