d
B. Complaint is served.
A. Complaint &
Preliminary Report Filed
C. Final Judicial Report
is filed after service on
the property owners.
D.
Answer
filed?
E(1) Plaintiff files a
motion for default
judgment
E(2) Default Hearing
F. Magistrate’s Decision
issued awarding plaintiff or
counterclaimant a decree of
partition
E. Plaintiff or
counterclaimant (if
defendant asserts a
counterclaim for Partition)
files motion for summary
judgment for partition or
parties stipulate to a decree
of partition
NO
Y
E
S
H. Party awarded decree
of partition files Praecipe
in Clerk’s Office to issue
Writ of Partition
G. Court adopts
Magistrate’s Decision &
appoints Commissioner
(See next page)
PARTITION ACTION FLOW CHART
I. Can property be
physically
partitioned?
(Determined by
Commissioners and
determination by
the Court.
J(1) Evidentiary
hearing on set-offs
before the Magistrate
(if necessary)
K(1) Magistrate’s
Decision
regarding set-offs
issued (if
necessary)
YES
L(1) Court adopts
Magistrate’s Decision -
property is physically
partitioned according to the
parties’ share of ownership
with adjustment for set-offs.
(if any)
N
O
J. Commissioners
appraise property
K. Evidentiary
hearing regarding
set-offs before the
Magistrate (if
necessary
L. Magistrate’s Decision
regarding set-offs is
issued (if necessary)
M. Magistrate’s Decision
regarding set-offs
adopted
by the Court (if necessary
N. Election (parties have
the opportunity to
purchase the property at
the appraised value)
(See next page)
O. One party
elects?
YES
P(1) Electing party
pays sum equal to
appraised value to
Sheriff or pays
according to the
schedule set forth in
R.C. Sec. 5307.10
Q(1) Costs paid
(including
Commissioners’ fees,
attorney’s fees and
expenses for the
judicial reports)
R(1) Remainder of the
funds paid into Court is
distributed to the parties
according to the parties
share of ownership with
adjustment for set-offs
(if any)
S(1) Deed to
property is
issued to
electing
party
P. Court enters order
permitting party
awarded decree of
partition to order sale
of the property
Q. Party awarded decree
of partition orders sale by
filing a Praecipe with the
Clerk of Courts’ office
and makes
$500.00 deposit for the
cost of advertising the
sale
R. Sheriff advertises the
time, date and location of
the sale
S. The Sheriff issues notice
to all parties of the time,
date and location of the sale
T. Pursuant to Local Rule
27, party awarded decree of
partition issues notice to all
parties of the time, date and
location of the sale.
U. Property is sold at
Sheriff’s Sale
U. Property is sold at
Sheriff’s Sale
(See next page)
W. Costs are paid out of the
proceeds of the sheriff’s sale
(including commissioner’s fees,
attorney’s fees and expenses
for judicial reports)
X. The remainder of the
proceeds is distributed
to the parties according
to the parties’ share of
ownership with
adjustment for set-offs
(if any)
V. Purchaser pays sum
equal to purchase price to
Sheriff or pays according to
the schedule set forth in
R.C. Sec. 5307.12
