Ohio Revised Code Search
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Section 5302.20 | Survivorship tenancy.
...ee simple title, leasehold interest, or land contract vendee's interest in real property or any fractional interest in any of these interests may be subjected to a survivorship tenancy. (4) A creditor of a survivorship tenant may enforce a lien against the interest of one or more survivorship tenants by an action to marshall liens against the interest of the debtor or debtors. Every person with an interest in or lie... |
Section 5302.21 | Prior tenancy by the entireties or survivorship tenancy.
...(A) Sections 5302.17 to 5302.20 of the Revised Code do not affect deeds that were executed and recorded prior to the effective date of this section and that created a tenancy by the entireties in a husband and wife pursuant to section 5302.17 of the Revised Code as it existed prior to the effective date of this section. If spouses covered by such deeds are tenants by the entireties on the day prior to the effective d... |
Section 5302.22 | Transfer on death deed form.
...(A) As used in sections 5302.22, 5302.222, 5302.23, and 5302.24 of the Revised Code: (1) "Affidavit of confirmation" means an affidavit executed under division (A) of section 5302.222 of the Revised Code. (2) "Survivorship tenancy" means an ownership of real property or any interest in real property by two or more persons that is created by executing a deed pursuant to section 5302.17 of the Revised Code. (3... |
Section 5302.221 | Transfer on death deed medicaid estate recovery form.
...(A) As used in this section, "medicaid estate recovery program" means the program instituted under section 5162.21 of the Revised Code. (B) The administrator of the medicaid estate recovery program shall prescribe a form on which a beneficiary of a transfer on death designation affidavit as provided in section 5302.22 of the Revised Code, who survives the deceased owner of the real property or an interest in the rea... |
Section 5302.222 | Transfer of deceased's real property; Recording; Affidavit of confirmation.
...(A) The transfer of a deceased owner's real property or interest in real property as designated in a transfer on death designation affidavit provided in section 5302.22 of the Revised Code shall be recorded by presenting to the county auditor of the county in which the real property is located and filing with the county recorder of that county an affidavit of confirmation executed by any transfer on death benef... |
Section 5302.23 | Designating transfer on death beneficiary.
...(A) Any affidavit containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. (B) Real property or an interest in real property that is the subject of a transfer on death designation affidavit as provided in section 5302.22 of the Revised Code or as described in division (A) of this section has all of the following characteristics and ramification... |
Section 5302.24 | Affect of R.C. 5302.22, 5302.222, and 5302.23.
...Except as otherwise provided in divisions (B)(12) and (C) of section 5302.23 of the Revised Code, sections 5302.22, 5302.222, and 5302.23 of the Revised Code do not affect any deed that was executed and recorded prior to December 28, 2009, or any transfer on death beneficiary designation made, pursuant to section 5302.22 of the Revised Code as it existed prior to that date. If that deed or designation is valid on th... |
Section 5302.30 | Property disclosure form required for all residential real property transfers.
...fer of residential real property. (2) "Land installment contract" has the same meaning as in section 5313.01 of the Revised Code. (3) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code. (4) "Residential real property" means real property that is improved by a building or other structure that has one to four dwelling units. (B)(1) Except as provided in division (B)... |
Section 5302.31 | Private selling officer's deed; form.
...in by reference in and to the following Lands and Tenements situated in the County of ___________________ and State of Ohio, known and described as follows, to-wit: (description of land or interest therein) This deed does not reflect any restrictions, conditions, or easements of record. Prior Owner: ______________________________ Prior Instrument Reference: ______________________________ Executed this _______ da... |
Section 5309.01 | Registration of land title definitions.
...1 of the Revised Code. (D) "Registered land" means any land registered under this chapter and Chapter 5310. of the Revised Code. (E) "Housing accommodations" and "restrictive covenant" have the same meanings as in section 4112.01 of the Revised Code. |
Section 5309.02 | Jurisdiction of the court of common pleas and the probate court.
...r own number who shall act as judges in land registration cases and matters. If the judges so selected are unable to perform the duties on account of interest, absence, or other disability, or in case of emergency, any other judge of the court of common pleas for the same county may perform them. The court of common pleas in any county may appoint one or more deputy clerks to assist the clerk in attending to land reg... |
Section 5309.03 | Powers of the county recorder.
...To carry out sections 5309.02 to 5310.21, inclusive, of the Revised Code, the county recorder may administer oaths, issue subpoenas, summons, and other process, serve and cause notices to be served, enforce the attendance of and examine witnesses, compel the production of papers and evidence, order surveys and appoint competent surveyors to make them, and conduct hearings and make such orders as are appropriate and i... |
Section 5309.031 | Maintain registered land records by use of photographic, magnetic, electronic, or certain other processes means, or displays.
... or memorandum pertaining to registered land; (3) Register a subsequent transfer of registered land and carry forward in connection with the registration any memorial, notation, or memorandum; (4) Enter, index, and, if applicable, file any registered land record, including, but not limited to, documents relating to cancellations, releases, discharges, or satisfactions; (5) Maintain each of the following: (a) The ... |
Section 5309.04 | Examiners of titles - qualifications, bond, duties.
...ing to proceedings to register title to land, or any interest therein, or lien or charge thereon, or in any suit or proceeding relating to registered land. |
Section 5309.05 | Persons permitted to have title to land registered.
...ee in and to the whole of any parcel of land, may personally or through an attorney in fact, authorized by an instrument signed, acknowledged, and recorded as a deed, have their title to that estate in that land, or the whole title to that land, registered in the county where the land is situated. A corporation may apply by its agent or attorney, authorized by vote of its board of directors, and any person under ... |
Section 5309.06 | Estates or interests which may be registered - procedure.
...or other character of fee in and to the land has been registered first or is registered at the same time. If the estate of the applicant is subject to any outstanding lesser estate, including life estates, estates for years, conditional limitations, executory devises or uses, springing or shifting uses, or other future estate, interest, or limitation, whether vested or contingent, is subject to any private easement o... |
Section 5309.07 | Tax deed entitled to be registered.
...disputed, and adverse possession of the land under such title for at least twenty-one years and have paid all taxes and assessments legally levied thereon for at least ten successive years next preceding the filing of the application. |
Section 5309.08 | Application to register title.
...Application to register the title to land or to any interest therein shall be made by petition, as in the commencement of a civil action, filed in the probate court or court of common pleas of the county in which the land is situated. When the application is filed, the clerk of the probate court or the clerk of the court of common pleas shall forthwith file in the office of the county recorder of said county and in t... |
Section 5309.081 | Death of survivorship tenant transfer of interest.
...When an interest in title to registered land is vested in two or more persons as a survivorship tenancy and one of the survivorship tenants dies, the interest of the decedent shall be transferred by presenting to the county auditor and filing with the county recorder either a certificate of transfer as provided in section 2113.61 of the Revised Code, or an affidavit accompanied by a certified copy of a death certific... |
Section 5309.082 | Survivorship tenant medicaid estate recovery form.
...ry program. (2) Whether the registered land under a survivorship tenancy was part of the estate of a decedent subject to the medicaid estate recovery program. (C) A county recorder shall obtain a properly completed form prescribed under division (B) of this section from the surviving tenant under a survivorship tenancy or the surviving tenant's representative and send a copy of the form to the administrator of... |
Section 5309.09 | Contents of application.
...ns, judgments, decrees, and executions, home and foreign, the name, place of residence, and post-office address of each holder of the liens, charges, and encumbrances and of each person shown by the records or known to at any time have had an interest in any of the liens, charges, or encumbrances, and which of the apparent liens, charges, and encumbrances are clouds upon the applicant's or owner's title; and the styl... |
Section 5309.10 | Assent by spouse.
...he application to register the title to land or to any interest in land is made by a married person, the spouse of that person shall signify the spouse's assent to the registration as prayed for by endorsement on the application acknowledged as a deed, or by a separate instrument so acknowledged and filed with the application. If the spouses are separated and living apart, or either one refuses to consent to th... |
Section 5309.11 | Application by nonresident.
...he application to register the title to land or to any interest therein is made by a nonresident of the state, he shall, in his petition, or in a separate paper to be filed in the case, give the name, residence, and post-office address of someone residing in the state, upon whom, as his agent, service of notice can be made in relation to any matter arising under or in connection with said application, and agree that ... |
Section 5309.12 | Parties.
...icant desiring to register the title to land or to any interest therein shall be regarded as plaintiff and all other persons named in the application and to be affected by the decree shall by name be entered in the caption of the petition and treated as defendants, and all persons not so named, whether mentioned in the application or not, shall be included and considered as defendants under the designation, which sha... |
Section 5309.13 | Record and index of applications.
...e application to register the title to land or to any interest therein and before registration, the land described in such application may be dealt with and instruments relating thereto may be recorded and indexed, in the same manner as if no such application had been filed. As soon as an application is disposed of, the clerk of the probate court or the clerk of the court of common pleas shall make a memorandu... |