Legal Question in Real Estate Law in Ohio

Re: force sale of home due to 87 yr old mother

Why do they want to force their mother out of the home? At 87 the odds are that she will not live that much longer. Under the circumstances, I would rather not answer the question.

Re: force sale of home due to 87 yr old mother

If the home is in Ohio, your question needs to be answered by an Ohio lawyer, but I can offer a few comments based on California's law, which may or may not be very similar to Ohio's, but may give you a starting point if no Ohio lawyer provides an answer.

When property is co-owned, as here, no owner can force the other owner(s) to buy her out or to allow her to buy them out. Instead, there is a legal process whereby any dissident co-owner can force a PUBLIC sale of the property. This is called a partition, and it is a special kind of lawsuit.

Although the outcome of a partition suit that is prosecuted to conclusion through the courts is either a sale of the property and a split of the net proceeds (after liens and costs) between the co-owners in proportion to their interests after adjustment for reimbursable expenses such as excess contributions to repair costs, or a physical partition into smaller parcels through subdivision (increasingly rare in modern times), often these suits settle before final judgment.

The terms of the settlement may include an agreement by one co-owner to buy out the other(s), or to be bought out. Another possibility is an agreement to sell on the open market, but privately and without court supervision.

Your question leaves it unclear why anyone is unhappy with the current arrangement and what any of this has to do with the 87-year-old resident, and whether her status is life tenant, tenant, guest or something else. What do the siblings on each side want to happen? Certainly I hope no one wants to toss mom out!

To finish with the question, a California partition action, if prosecuted in the courts to conclusion, would often take 12 to 24 months to be wound up, plus whatever time it takes to market the property. It would cost each side well over ten grand to prosecute. This is why filing the suit in itself often prompts negotiations and settlement.

How successful will it be? There are few defenses to a partition action, and probably 98% of suits brought and maintained will result in a division of the property, either out-of-court before trial or as a result of a final judgment. Who will sell the home? A court-appointed referee, unless the parties agree on a broker and other terms.

Again, Ohio law may be different.

Re: force sale of home due to 87 yr old mother

A partition action would have to be filed if the dispute cannot be worked out prior to litigation. A strong attorney letter may help you. Please contact our office if you have any other question.

Re: force sale of home due to 87 yr old mother

Just to clarify, the person who posted this question responded to me by saying that they wanted to move their mother from the hospital to a rest home as she is not able to live on her own and they would like to sell the house that will not be used to have some money to pay for their mother's support and well being.

Re: force sale of home due to 87 yr old mother

You need a Partitioin Action. The court will issue an ORDER for its sale and proceeds distributed. 19 years experience. Call me directly 1.619.222.3504.