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
Ohio Property Rights and Ownership
Important: This content covers Ohio-specific property law. You should complete the National Real Estate Exam Prep first, as general property concepts are tested on the national portion.
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 |
What is required to create a joint tenancy with right of survivorship in Ohio?
How many years of continuous use are required for prescriptive easement or adverse possession in Ohio?