Key Takeaways
- Ohio recognizes tenancy in common (default), joint tenancy with survivorship, and tenancy by the entireties
- Joint tenancy requires express survivorship language to be created
- Tenancy by the entireties provides married couples with creditor protection
- Ohio has a homestead exemption protecting $145,425 of equity from creditors (2025)
- Ohio follows common law for easements, with 21 years for prescriptive easements
Last updated: January 2026
Ohio Property Rights and Ownership
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Ohio follows common law principles for property ownership with some state-specific provisions.
Types of Property Ownership
Individual Ownership (Tenancy in Severalty)
One person holds title:
- Full control over property
- No survivorship rights
- Passes through estate at death
- Most common for single individuals
Co-Ownership Types
| Type | Key Features |
|---|---|
| Tenancy in Common | Default, unequal shares OK, no survivorship |
| Joint Tenancy | Must state survivorship, equal shares |
| Tenancy by the Entireties | Married couples only, creditor protection |
Tenancy in Common
Default rule in Ohio:
- Unequal ownership shares permitted
- No right of survivorship
- Each owner can sell/mortgage their share
- Interest passes to heirs at death
Joint Tenancy with Survivorship
Ohio requires express language to create:
- Must state "with right of survivorship"
- Equal ownership shares required
- Four unities (time, title, interest, possession)
- Survivor automatically receives deceased's share
Key Point: Without survivorship language, co-owners are presumed to be tenants in common.
Tenancy by the Entireties
Available only to married couples:
| Feature | Description |
|---|---|
| Creation | Married at time of conveyance |
| Survivorship | Automatic |
| Protection | Individual creditors cannot reach |
| Severance | Requires divorce, death, or mutual agreement |
Ohio Homestead Exemption
Ohio provides a homestead exemption that protects home equity from creditors.
Homestead Exemption Amount (2025)
| Feature | Detail |
|---|---|
| Amount | $145,425 (adjusted periodically) |
| Applies to | Primary residence |
| Protection | From unsecured creditors |
| Not protected | Mortgages, property taxes |
Property Tax Homestead Exemption
Separate from creditor protection:
| Benefit | Eligibility |
|---|---|
| Reduction in taxable value | Age 65+ OR permanently disabled |
| Amount | Varies by income and county |
| Application | Must apply with county auditor |
| Income limit | Applies for eligibility |
Easements in Ohio
Types of Easements
| Type | Description |
|---|---|
| Appurtenant | Benefits adjacent land, runs with land |
| In Gross | Benefits person/entity, may not transfer |
| Prescriptive | Created by adverse use |
| By Necessity | For landlocked parcels |
| Express | Created by written agreement |
Prescriptive Easement
To establish in Ohio:
| Requirement | Period |
|---|---|
| Continuous use | 21 years |
| Open and notorious | Visible to owner |
| Adverse | Without permission |
| Exclusive | Claimant controls use |
Adverse Possession
Ohio allows adverse possession after 21 years of:
| Element | Description |
|---|---|
| Actual | Physical possession |
| Open | Visible to owner |
| Notorious | Known to others |
| Exclusive | Claimant has sole control |
| Hostile | Without owner's permission |
| Continuous | Uninterrupted for 21 years |
Marital Property Rights
Ohio is NOT Community Property
Ohio is an equitable distribution state:
| Feature | Ohio Rule |
|---|---|
| Division method | Equitable (fair, not equal) |
| Court discretion | Yes, based on factors |
| Separate property | Generally remains separate |
| Marital property | Subject to equitable division |
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Test Your Knowledge
What is required to create a joint tenancy with right of survivorship in Ohio?
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Test Your Knowledge
How many years of continuous use are required for prescriptive easement or adverse possession in Ohio?
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