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State forced sale

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K

KayTay

Guest
My paternal grandparents had 6 children, one of which was mentally retarded. He was included on the deed of a 210 acre farm. My retarded uncle was in a nursing home at that time my grandfather died. Since then his share of a rent check from the farm has gone to the state to help with his care. He died last October and now the state wants to sell the entire farm so they can get there share (because of Medicaid). This has been kept a family farm since grandpa died in 1986 and is very dear to everyone's heart. Does Ohio have the right to make the whole thing be sold?:(
 


L

loku

Guest
Ohio can have the entire property sold unless the other owners "buy them out."

Under Chapter 5307 of the Ohio Revised Code, any co owner of property has a right to have the property partitioned—that is to have the property divided so that the co owner has a separate share. If the property can not be divided without a loss in value, the court can set a value to the entire property and any of the owners can “buy out” the owner that wants to partition, at the price set by the court. If no one does “buy out” the owner, then the property is sold and the proceeds are distributed to the owners.
 

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