1 Ohio Real Property Law and Practice § 9.04


Summary

  • [1] Voluntary Partition

    Form 2609, Judgment Order of Amicable Partition.

    Voluntary partition may be effected by mutual conveyances or releases. A covenant of warranty normally is not implied. An agreement for partition is not binding on any of the cotenants unless all are bound.

    At the common law a parol partition could be enforced in equity on the ground of part performance or other equitable principle.135Link to the text of the note In Ohio a parol agreement for partition, consummated by possession but acquiesced in for a period less than the statute of limitations, does not vest the legal title as agreed to. However, one court of appeals has stated that a parol partition could be upheld if clear and convincing evidence of three elements could be demonstrated: “the existence of an equitable agreement allocating the benefits and burdens of ownership in real estate, long acquiescence to ...