All Forum Posts by: Dustin Little

Expect this newbie to be there, looking forward to meeting the Pro's!

Thank you for putting this together Kevin.

I found this:

§ 5307.01

Tenants in common, survivorship tenants, and coparceners, of any estate in lands, tenements, or hereditaments within the state, may be compelled to make or suffer partition thereof as provided in sections 5307.01 to 5307.25 of the Revised Code.

The content of the petition is governed by statute:

§ 5307.03.

A person entitled to partition of an estate may file his petition therefor in the court of common pleas, setting forth the nature of his title, a pertinent description of the lands, tenements, or hereditaments of which partition is demanded, and naming each tenant in common, coparcener, or other person interested therein, as defendant.

The Court orders partition:

§ 5307.04.

If the court of common pleas finds that the plaintiff in an action for partition has a legal right to any part of the estate, it shall order partition of the estate in favor of the plaintiff or all interested parties, appoint one suitable disinterested person to be the commissioner to make the partition, and issue a writ of partition. The court on its own motion may, and upon motion of a party or any other interested person shall, appoint one or two additional suitable persons to be commissioners. If the estate to be partitioned extends beyond the county in which the action is commenced, the court may appoint a separate commissioner or commissioners, not to exceed three, to make the partition of that portion of the estate located in the other county.

- See more at: http://www.josephandjoseph.com/partition-action/#s...

Will do, and I plan on offer as little as possible with how much trouble this is sounding like it could be.

Understood, without the okay from the brother I will not get involved. I will leave it to her and her lawyer to sort it out and contact me when it is done. Until then I will go on my merry way looking for less complicated and risky deals thanks for the input.

a little info on the properties, they are side by side and roughly worth $50k each. Niether one is in great shape but nothing serious is needed to be done.

this is an option I did not realize was possible. She is in full control of the properties she actually rents to my parents which is how I came across the whole thing. If she sold her share, again I was not aware this was possible. I would simply replace her role and continue to rent the properties. If the brother ever came around I would simply sell out or buy out. Do I have a correct understanding of this option?

thanks for the wiki link, yes calling the brother is in my steps of action. I wanted to prepare myself as much as possible before calling him, if he even answers. I also feel I will get the best deal if he is out of the picture. But I do understand every possible avenue to get him involved will need to be taken before the courts would consider allowing a sale to take place.

I hope I can find a way around this but thanks for the replies.

I have a motivated seller who has two houses with her name and her brother's name on the deeds.  The houses are in Ohio, is there a way to legal remove the brother's name?  I am thinking a public notice or something along those lines.

Please help this could possibly be my first wholesale deal and it involves two houses!

Thanks

Yeah, so no response still. All is well time to continue searching.