Ohio § 5305.21 Dower of incompetent person may be barred

Ohio Statutes

§ 5305.21 — Dower of incompetent person may be barred

Ohio § 5305.21

Title 53Real Property

Ch. 5305Dower

This text of Ohio § 5305.21 (Dower of incompetent person may be barred) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5305.21 (2026).

Text

When the spouse of an incompetent person  conveys real estate in this state, in which such person has a  contingent or vested right of dower, and the  incompetent person  does not join the spouse in the conveyance, the spouse may apply by petition to the court of common pleas of the county in which  the incompetent person resides, or, if such incompetent person  resides out of the state, then in the county in which the real  estate is situated, for leave to have part or all of such real  estate so conveyed, released of the dower right therein. Such petition shall set forth the grounds for incompetency of the  incompetent person, and a description of the land proposed to be  affected. The incompetent person, guardian, if there is one, and  all persons in interest, shall be made defendants, 

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When the spouse of an incompetent person conveys real estate in this state, in which such person has a contingent or vested right of dower, and the incompetent person does not join the spouse in the conveyance, the spouse may apply by petition to the court of common pleas of the county in which the incompetent person resides, or, if such incompetent person resides out of the state, then in the county in which the real estate is situated, for leave to have part or all of such real estate so conveyed, released of the dower right therein. Such petition shall set forth the grounds for incompetency of the incompetent person, and a description of the land proposed to be affected. The incompetent person, guardian, if there is one, and all persons in interest, shall be made defendants, and the action shall be proceeded with as prescribed in sections5305.18to5305.20of the Revised Code, except that instead of ordering the petitioner to sell the real estate or to convey or assign to such incompetent person any part of it, the court shall direct the petitioner to make such investment as is provided in section5305.20of the Revised Code, or require the petitioner to secure the amount to the use of the incompetent person by mortgage of unencumbered real estate of at least double the value thereof. Upon compliance by the petitioner with the order made, the court shall enter a judgment releasing and discharging the real estate from the encumbrance of such right of dower, and adjudge the holder of the legal title, or other party liable, to pay to the petitioner any sum withheld or retained as indemnity against such dower right.