If one or more of the parties in the action for partition elects to take the estate at the appraised value, unless on good cause shown by special order the court of common pleas directs the entire payment to be made in cash, or all the parties in interest agree thereon, the terms of payment shall be one third cash, one third in one year, and one third in two years, with interest, the deferred payments to be secured to the satisfaction of the court. On payment being made in full, or in part, with sufficient security for the remainder, as provided in this section, according to the order of the court the sheriff shall make and execute a conveyance to the parties electing to take it.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1960–2025 · leading case: McCarthy v. Lippitt, 781 N.E.2d 1023 (Ohio Ct. App. 7th Dist. 2002).
McCarthy v. Lippitt, 781 N.E.2d 1023 (Ohio Ct. App. 7th Dist. 2002). · cites it 2דIf 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 *375 parties their proportion of its appraised value, according to their respective rights, or…”
Thrasher v. Watts, 2011-Ohio-2844, 952 N.E.2d 1207. “If so, the court must adjudge the property to that party, upon the party’s paying to the other parties their proportion of its appraised value, according to their respective rights, or securing it as provided in *574 R.C. 5307.10. Id. If none of the parties elects to take the…”
Wickham v. Wickham, 2015-Ohio-4136. “If so, the court must adjudge the property to that party, upon the party’s paying to the other parties their proportion of its appraised value, according to their respective rights, or securing it as provided in R.C. 5307.10. If none of the parties elects to take the property,…”
Rankin v. Coffer, 174 N.E.2d 631 (Ohio Ct. App. 1960). · cites it 2דIf such court approves the return, and one or more of the parties elects to take the estate at such 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…”
Thrasher v. Watts, 2013-Ohio-2581. · cites it 2דSection 5307.10.” 7 {¶ 7} It is from this judgment that Thrasher now appeals.”
Kimble v. Troyan, 707 N.E.2d 1 (Ohio Ct. App. 7th Dist. 1997). · cites it 2דIf such court approves the return, and one or more of the parties elects to take the estate at such 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…”
Burke v. Ganelli, 2025-Ohio-1447. “If none of the parties elect to purchase the property, the court may order the property sold in accordance with R.C. 5307.10. Wickham v. Wickham at ¶ 32 .”
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