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

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.

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Attorney answers 3


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 attorney-client relationship and I am not providing you legal advice. Every case is fact specific; therefore my response should not be construed as a legal opinion. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights or right to recover damages. This communication does not create an attorney-client relationship with Joseph L. Beyke or Mills, Mills, Fiely & Lucas, LLC.


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


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 an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting me does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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