Legal Question in Wills and Trusts in Ohio

Re: Tennants in common

My condolences on the loss of your father.

The situation you describe raises many potential legal issues. Since October 10, 1991, Ohio has not recognized "common law marriage;" however, if your father and his girlfriend had established a common law marriage in Ohio prior to that date, or if they had established same in another state, then there would be other issues to address which could result in a different outcome. My comments below presume they were not married, as you have suggested they were not.

As you stated in the title of your post, one of the issues is whether the real property was titled as tenants in common. This must be verified by the current original deed, or via title company conducting a current owner title search.

If title was as tenants in common, your father and his girlfriend would each have owned a 1/2 interest which could have been conveyed during their lives without the approval of the other. Presuming your father did not change the nature of his 1/2 interest prior to his death, his interest would now need to be probated and would pass according to his will, if he had a valid will, otherwise his interest would pass according to Revised Code 2105.06, which is known as the Ohio Statute of Decedent and Distribution.

The status and right to possession of your father's personal property also raise issues that would be dealt with by the Probate Court. The Court can appoint an Executor or Administrator for your father's estate and all these issues can be sorted out and resolved, including who has the right to reside in the home.

In similar fashion, these same issues apply to the girlfriend's estate. Ultimately, your father's beneficiaries and the girlfriend's beneficiaries might be able to work something out regarding the property and if not, then as a last resort a Partition action could be filed in the General Division of the Common Pleas Court in order to divide the property and/or force its sale.

I suggest that you promptly find an experienced local probate attorney.