Ohio Rev. Code » Chapter 5307 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 5307.09

Proceedings where estate cannot be divided without loss of value

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Effective:
October 14, 1997
Latest Legislation:
Senate Bill 88 - 122nd General Assembly
PDF:
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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.
Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1960–2026 · leading case: Simon v. Underwood
Sort: Relevance Newest Treatment
Simon v. Underwood (2017) ohioctapp · cites it 19× “See R.C. § 5307.09 (stating that “the commissioner .”
Ark Land Co. v. Harper (2004) wva · cites it 2× “Code § 32-16-12 (Michie 1996); Ohio Rev.Code Ann. § 5307.09 (Anderson 1989); Okla.”
Malone v. Malone (1963) ohioctapp · cites it 8× “In the case at bar should the plaintiff, the owner of an undivided one-third of the land, who has a plain statutory right to elect to purchase the real estate at the appraised value (Section 5307.09, Revised Code), be required to wait until the property has been sold and take…”
McCarthy v. Lippitt (2002) ohioctapp “) R.C. 5307.09. {¶ 29} Appellants contend that the trial court bypassed these statutes by simply ordering the commissioners to make an appraisal of the property.”
McGill v. Roush (1993) ohioctapp · cites it 2× “” R.C. 5307.09 governs the appraisal duty of commissioners, and reads in part as follows: “When the commissioners provided for in section 5307.”
Thrasher v. Watts (2011) ohioctapp “” R.C. 5307.09. {¶ 21} If the court accepts the return, a party may elect to take the estate at the appraised value.”
Wickham v. Wickham (2015) ohioctapp “” R.C. 5307.09. {¶32} If the court accepts the return, a party may elect to take the estate at the appraised value.”
Kimble v. Troyan (1997) ohioctapp · cites it 5× “35 cites R.C. 5307.09, which provides: ‘When the commissioners provided for in section 5307.”
Rankin v. Coffer (1960) ohioctapp · cites it 2× “Section 5307.09, Revised Code, provides: “When the commissioners provided for in Section 5307.”
Sword v. Sword (1993) ohioctapp · cites it 2× “R.C. 5307.09 states that “[w]hen the 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, they shall return that fact to the court of common pleas with a just valuation of the…”
Seese v. Clark (2016) ohioctapp “Moreover, the condominium was appraised in accordance with R.C. 5307.09. A court presumes that commissioners valuing property subject to a writ of partition act in good faith and with judgment and discretion, absent contrary evidence.”
Thrasher v. Watts (2013) ohioctapp “On remand after Thrasher I, when Thrasher elected to take the property at the appraised value pursuant to R.C. 5307.09, the trial court was required to provide her with possession of said property upon her payment to Watts of the proportion of his equitable interest of $839.”
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