Joint ownership

[Big breezy]

Jurisdiction

Ohio

My mother has a survivorship that was set up through probate court ( she is 81 and has dementia) Her house was switched into my name along with my half siblings many years ago. We have 3 names on it now. I was just wondering if there is any importance in how the names are on the deed? My name is first. I have tried searching online and can't really find an answer. (Probably not searching correctly) . Friends of friends ‍ have told me that with my name first I'll have to list it for sale when the time comes. I'll be the one handling the sale. also my siblings have been talking about putting my mom in a nursing home.
I feel they are wanting to do that so they can sell the house after she would go in a nursing home! The house can't be sold as long as she's alive can they? Would all 3 have to agree to selling the house? Or could they sell it if I should not want to. The 2 of the are full blood siblings. I'm half (same mom).

 

[Big breezy]

Not sure if this matters. I am the youngest. I have lived in this house my whole life.

 

[adjusterjack]

We have 3 names on it now. I was just wondering if there is any importance in how the names are on the deed?

There is.

Make sure you have a copy of the current deed in front of you when you answer the following question. No guessing.

How, exactly, does the ownership read? The whole sentence. You can make up names but use the same words and punctuation.

Meantime, go to the following web page and scroll down to "Methods for Multiple Owners to Hold Title to Ohio Real Estate."

Ohio Deed Forms | Ohio Deed Laws & Requirements (deedclaim.com)

my siblings have been talking about putting my mom in a nursing home.
I feel they are wanting to do that so they can sell the house after she would go in a nursing home! The house can't be sold as long as she's alive can they?

That depends on whether she retained a life estate when she deeded the property to the three of you. Is there anything on the deed that says something like that? Google "life estate" so you know what you are looking for.

Would all 3 have to agree to selling the house?

Yes. All three will have to sign a sale contract and all three will have to sign the deed transferring ownership to a buyer.

Or could they sell it if I should not want to.

If an agreement cannot be made, any of you can file a lawsuit for partition and the court could force the sale. Litigation would be expensive and the house would be put up for auction and sold to investors for a lot less money than if you all agreed to sell it.

Not sure if this matters. I am the youngest. I have lived in this house my whole life.

Doesn't really matter until your Mom doesn't live there anymore. Then you will have to pay rent to your siblings if you wanted to keep living there.

 

[army judge]

Would all 3 have to agree to selling the house?

In some situations, yes.

However, anyone named on the deed could petition the court to sell the home by partition.

Chapter 5307 - Ohio Revised Code | Ohio Laws


When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a court mandated partition action or lawsuit.

If you are dealing with joint ownership property, this guide explains the cost of a partition action, how to win a partition action, whether a partition action can be stopped, and more.

Forced Sale of Jointly Owned Property (Partition Action) - Attorney's Guide

The Perils of Partition – The Forced Sale of Land (Part 1) | Licking County Agricultural News


Each owner of a piece of property which is also owned by others has the right to divide the property if they no longer want to co-own it. In Ohio, the owners can voluntarily split, or partition, the property by reaching an agreement, or contract, which governs the disposition of the property. If they can't reach a private agreement, a petition to partition the property can be sought from a court to split the property through a court order.

Despite the partition being voluntary or court-ordered, the land can be split in two ways:

Partition in kind, where the property is materially shared by the parties where each person receives title to their portion. While partition in kind is customarily maintained for undeveloped land, the other option, partition by sale, is mainly used for developed property where the property is marketed, and proceeds are apportioned among owners.

The manner of the division also depends on the parties' relationship when they co-owned the property. Tenants in common may split the land or proceeds in the same way as they held ownership. If the owners were joint tenants, the proceeds must be split equally.

Ohio is a lien theory state. Any bank with an outstanding mortgage has a lien on the property which must be satisfied before property division. The advice of an Ohio real estate partition attorney should be sought if you co-own land in Ohio and wish to partition it.



Partition Action Ohio
...........::::::::::::::::...........

 

[Big breezy]

There is.

Make sure you have a copy of the current deed in front of you when you answer the following question. No guessing.

How, exactly, does the ownership read? The whole sentence. You can make up names but use the same words and punctuation.
Mom. Reduction
Me @(3). Parcel owner
Me. Parcel co owner
Brother. Parcel co owner
Sister. Parcel co owner


Meantime, go to the following web page and scroll down to "Methods for Multiple Owners to Hold Title to Ohio Real Estate."

Ohio Deed Forms | Ohio Deed Laws & Requirements (deedclaim.com)



That depends on whether she retained a life estate when she deeded the property to the three of you. Is there anything on the deed that says something like that? Google "life estate" so you know what you are looking for.



Yes. All three will have to sign a sale contract and all three will have to sign the deed transferring ownership to a buyer.



If an agreement cannot be made, any of you can file a lawsuit for partition and the court could force the sale. Litigation would be expensive and the house would be put up for auction and sold to investors for a lot less money than if you all agreed to sell it.



Doesn't really matter until your Mom doesn't live there anymore. Then you will have to pay rent to your siblings if you wanted to keep living there.

 

[adjusterjack]

How, exactly, does the ownership read? The whole sentence. You can make up names but use the same words and punctuation.
Mom. Reduction
Me @(3). Parcel owner
Me. Parcel co owner
Brother. Parcel co owner
Sister. Parcel co owner

What does "Mom. Reduction" mean?

Why are you shown twice?

 

[Tax Counsel]

Friends of friends ‍ have told me that with my name first I'll have to list it for sale when the time comes.

Friends of friends are a terrible resource for legal issues. The order of the names on the deeds won't matter. As joint owners you all share the exact same rights and obligations with respect to the property.

I feel they are wanting to do that so they can sell the house after she would go in a nursing home! The house can't be sold as long as she's alive can they? Would all 3 have to agree to selling the house? Or could they sell it if I should not want to. The 2 of the are full blood siblings. I'm half (same mom).

If your mother's name is not on the current title to the home she has none of the rights of ownership. If all of the owners agree they could indeed sell the place if they wanted. If you don't want to sell your portion, your siblings will have to either (1) find a buyer for their part interests in the home or (2) go to court in a partition action, which likely would result in the court ordering the sale of the home and dividing up the sales proceeds equally between the three of you. Either option would likely result in a sale of the home under its fair market value. Your siblings, if they could even find a buyer to do option (1) will find that the buyer won't pay a full two-thirds of the fair market value of the home, and instead will offer them substantially less for it.

 

[zddoodah]

My mother has a survivorship that was set up through probate court ( she is 81 and has dementia) Her house was switched into my name along with my half siblings many years ago. We have 3 names on it now. I was just wondering if there is any importance in how the names are on the deed?

Not sure what "has a survivorship" means. Set up by the probate court as a result of what sort of proceeding?

Who switched the house into your and your siblings' names, and why?

What does "how the names are on the deed" mean? If you're asking whether it matters in what order the owners are listed, the answer is no.

Friends of friends ‍ have told me that with my name first I'll have to list it for sale when the time comes.

Are any of these people lawyers or real estate professionals? What does "when the time comes" mean?

The house can't be sold as long as she's alive can they?

No one who hasn't looked at the most recent deed and a title report can answer this question intelligently.

Would all 3 have to agree to selling the house? Or could they sell it if I should not want to.

Any joint owner of real property may sell or otherwise transfer his/her interest in the property. However, a fractional interest in a residential home isn't typically marketable.

I'd suggest uploading a scan of the current deed (with names and addresses redacted). Otherwise, consult with a local real estate attorney.