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.
Notes of Decisions
Cited in 28
cases (9 in the last 5 years), 1960–2026 · leading case: McGill v. Roush, 621 N.E.2d 865 (Ohio Ct. App. 1993).
McGill v. Roush, 621 N.E.2d 865 (Ohio Ct. App. 1993). · cites it 8דWe observe that the commissioners cannot comply with R.C. 5307.04 et seq. without making some factual findings supported by calculations or the facts themselves, regarding the manifest injury resulting from a partition.”
Hagood v. Gail, 664 N.E.2d 1373 (Ohio Ct. App. 1995). · cites it 2דThe trial court erred as a matter of law in referring this dispute to arbitration rather than referring the matter to a board of commissioners pursuant to Section 5307.04 of the Ohio Revised Code.”
McCarthy v. Lippitt, 781 N.E.2d 1023 (Ohio Ct. App. 2002). “Appellant argues that the commissioners have the following statutory duty to determine whether the property can be physically partitioned: {¶ 26} “In making a partition, the commissioner or commissioners shall view and examine the estate and, on their oaths and having due regard…”
Bryan v. Looker, 640 N.E.2d 590 (Ohio Ct. App. 1994). “” R.C. 5307.04 provides: “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 thereof in favor of the plaintiff or all parties in interest, appoint three disinterested and…”
Simon v. Underwood, 2017 Ohio 2885 (Ohio Ct. App. 2017). · cites it 4דThen, a failure to provide a plan of partition to the trial court would not violate R.C. 5307.04 et seq., provided that the commissioners’ report contained a sufficient factual basis to allow the trial court to review the commissioners’ efforts.”
Platt v. Platt, 2011 WY 155 (Wyo. 2011). “Ohio Rev.Code Ann. §§ 5307.04 through 5307.”
Wickham v. Wickham, 2015 Ohio 4136 (Ohio Ct. App. 2015). · cites it 2ד15 CAE 07 0057 11 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.”
Reel v. Reel, 2016 Ohio 8116 (Ohio Ct. App. 2016). ““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…”
Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011). ““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 commissioner to make the…”
Reel v. Reel, 2013 Ohio 2624 (Ohio Ct. App. 2013). · cites it 4ד” R.C. 5307.04. “A writ of partition issued under section 5307.”
Haynes v. Haynes, 2017 Ohio 49 (Ohio Ct. App. 2017). · cites it 3ד04 provides, “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…”
Stephan v. Wacaster, 2023 Ohio 4566 (Ohio Ct. App. 2023). “On the cause of action for partition, then, the final order would appear to be the trial court’s April 2, 2023 writ of partition, which directed the sheriff, acting through an appointed commissioner, to divide the property in accordance with the trial court’s order.”
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