Legal Question in Real Estate Law in Ohio

dower rights and partition

My brother and I inheirited a house over 10 years (now in damaged condition by his daughter our tenant) . We wish to part company in the joint ownership. They are willing to give me $35,000 but want me to buy them out for $65,000. Obviously not acceptable. I suggested a sale to a rehab person. His wife states that she has dower rights will not sign off on any sale.

I told them Iwould then pursue sale by partition and we all lose more. What are her dower rights under sale by partition? Any suggestion for reaching a compromise fair solution?

His daughter still in house and behind rent by two months now wants to bar me from any contact or entry to my house. of course, this is unacceptable to me for any length of time.


Asked on 7/04/08, 12:17 am

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: dower rights and partition

If you can not come to an agreement, a partition action may be your only remedy. Any "dower" rights claimed by your sister in law will come off of your brother's share of the property.

I would suggest that you have the property appraised. If you are going to file a partition action, an appraisal will be necessary so I would make sure that the appraisal that you get is from someone who can appraise the property for that purpose also. If one of you is going to buy the other out, you can use the appraisal to determine the price.

You may also want to put the property on the market and see what kind of offers you get. You could agree that if an offer comes in that is acceptable, your brother would have the right to buy the property at the same price rather than go ahead with he sale. Feel free to give me a call if you would like to discuss your options in more detail.

Good Luck!

DHD

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Answered on 7/07/08, 12:36 pm


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