One tenant in common, or coparcener, may recover from another tenant in common, or coparcener his share of rents and profits received by such tenant in common or coparcener from the estate, according to the justice and equity of the case. One coparcener may maintain an action of waste against another coparcener. No coparcener shall have any privileges over another coparcener, in any election, division, partition, or matter to be made or done, concerning lands which have descended.
Notes of Decisions
Cited in 12
cases (6 in the last 5 years), 1958–2026 · leading case: Chuma v. Patterson, 2023 Ohio 1128 (Ohio Ct. App. 2023).
Chuma v. Patterson, 2023 Ohio 1128 (Ohio Ct. App. 2023). · cites it 10ד* * * The Court is of the opinion that simply because there “were no funds to account for” does not automatically remove this case from the equitable dictates of R.C. §5307.21[.] *** This Court finds that “according to the justice and equity of the case,” neither party should…”
Sullinger v. Sullinger, 2020 Ohio 5225 (Ohio Ct. App. 2020). · cites it 3ד{¶6} After being granted leave to file an amended complaint, Douglas filed an amended complaint on July 1, 2019, again alleging claims for forcible entry and detainer, slander of title, quiet title, rescission, and declaratory judgment, along with an additional claim against Don…”
Sullinger v. Reed, 2021 Ohio 2872 (Ohio Ct. App. 2021). “R.C. 5307.21. {¶30} Since each cotenant is “equally entitled to the use, benefit, and possession of the common property, and may exercise acts of ownership” over the common property, a cotenant generally “may authorize a third person to do whatever the [co]tenant could have done.”
Modic v. Modic, 633 N.E.2d 1151 (Ohio Ct. App. 1993). · cites it 2ד” The son argues that the court erred in dismissing the counterclaim for his share of rental value because of its failure to give effect to R.C. 5307.21. The father points out that this statute was never raised at trial or argued to the trial court.”
Reel v. Reel, 2016 Ohio 8116 (Ohio Ct. App. 2016). “04; and she is entitled to an accounting of rents and profits received by Claudia pursuant to R.C. 5307.21. The court appointed Larry McManus to effect the partition.”
Edwards v. Edwards, 157 N.E.2d 454 (Ohio Ct. App. 1958). · cites it 2דThe suit was filed in January of 1954, and in March of 1954 the defendant filed her answer admitting the ownership of the property as set forth in the petition, requesting the statutory accounting provided for in Section 5307.21 of the Revised Code, and joining in the prayer for…”
Yeckley v. Yeckley, 2020 Ohio 5432 (Ohio Ct. App. 2020). · cites it 3דThe trial court erred and abused its discretion in denying on October 19, 2016 plaintiff and defendant-appellant’s joint motion for an accounting and rents filed August 28, 2015 and filed two months after the magistrate’s decision on set-offs (partial); since a motion for an…”
Bennett v. Bennett, 2023 Ohio 4856 (Ohio Ct. App. 2023). · cites it 4דAlso see R.C. 5307.21 (One tenant in common, or coparcener, may recover from another tenant in common, or coparcener his share of rents and profits received by such tenant in common or coparcener from the estate, according to the justice and equity of the case.”
DeVault v. DeVault, 2 Ohio App. Unrep. 252 (Ohio Ct. App. 1990). · cites it 3דTHE TRIAL COURT ERRED AS A MATTER OF LAW IN SUSTAINING DEFENDANT'S MOTION TO DISMISS/MOTION FOR SUMMARY JUDGMENT IN THAT PLAINTIFF'S COMPLAINT FOR PARTITION, BASED UPON WASTE (R.C. §5307.21), STATED A VALID CLAIM UPON WHICH RELIEF COULD BE GRANTED.”
Anthony v. Groves, 2023 Ohio 4076 (Ohio Ct. App. 2023). “Camille may recover, pursuant to R.C. 5307.21, their fair share of any rental income from Mr.”
Anthony v. Woolbright, 2026 Ohio 1908 (Ohio Ct. App. 2026). “21 (“One tenant in common, or coparcener, may recover from another tenant in common, or coparcener his share of rents and profits received by such tenant in common or coparcener from the estate, according to the justice and equity of the case.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.