Ohio Partition Warranty Deed

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Multi-State
Control #:
US-01604
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Word; 
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Description

This form is a Partition Warranty Deed. The purpose of the form is to divide up a tract of property into parcels to be distributed to heirs. Adapt to fit your circumstances.
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FAQ

Section 5307.25 for the first $5,000 of the value, as determined in the action, of the real estate, at the rate of 8 percent; all above the sum, and not exceeding $10,000, at the rate of 6 percent; all above that sum, and not exceeding $15,000, at the rate of 4 percent; and all above $15,000 at the rate of 2 percent, ...

Chapter 5307 | Partition Section 5307.01 | Persons compelled to partition. 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.

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 ...

In such cases, the owners may have the right to file what is called a ?partition action?. In essence, a partition action asks a Court to intervene in the deadlock caused by co-owners who cannot agree on how to utilize or dispose of a piece of real property.

Under Ohio law, any person that is a co-tenant (co-owner) of real estate has partition rights. Essentially, partition rights allow a co-tenant to force the other owners to buy them out or force the land to be sold. Partition is a harsh, but arguably necessary, right of every co-tenant of real estate.

In case of mutual consent. Irrespective of whether the property is being divided amongst family members, business associates, friends, or others, a partition deed must be signed between the co-owners (co-owners can be more than two). The property is divided based on an investment, a will, or a mutual agreement.

An Ohio limited warranty deed form is a deed that conveys Ohio real estate with limited warranty of title. Warranty of title?which the Ohio statute calls covenants of warranty?is the current owner's guaranty to the new owner that the transferred real estate's title is free of undisclosed title defects.

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Ohio Partition Warranty Deed