What is a summons on complaint for real estate and how do I respond to this?

Asked over 1 year ago - Wapakoneta, OH

3 brothers own deceased parents property. One brother has sent the other 2 a summons on complaint. It appears he wants to sell the house and property low and buy it and sell it higher for a profit. The other 2 brothers just want to sell for an average market value. Can 1 third over rule the other 2 thirds? This is in Ohio.

Attorney answers (3)

  1. Joseph Luke Beyke


    Contributor Level 11


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . It sounds like he is trying a partition lawsuit. A partition action is a lawsuit between co-owners of real property, that seeks a judgment ordering the property to be sold, or in some cases divided so that the co-ownership is terminated. The other 2 brothers will want to file an Answer and assert their interest to the real estate and make sure the property is sold at fair market value. The Ohio partition statute will require that anyways, but you will want to file an Answer and make sure this is what occurs.

    I am licensed attorney in Ohio & Kentucky. Posting a response to your question or issue does not create an... more
  2. Michael J. Caticchio

    Contributor Level 14

    Answered . My colleague is correct about the partition
    Understand that a partition action is a very specialized lawsuit
    You need a good local real estate attorney who has experience with partition actions to represent you - and maybe your other brother also as long as the two of you agree on everything

  3. Kerrie Kathleen Matre


    Contributor Level 10

    Answered . I agree with Mr. Beyke.

    I am an Ohio-licensed attorney. The information is not, nor is it intended to be, legal advice. You should consult... more

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Real estate

The term real estate means land and items permanently attached to it, like buildings. This area of law deals with who has the right to own and use these items.

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