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I have tenant in common ownership of a farm with my brother and I no longer want to be in business with him. His wife has threatened to not waive her dower interest if I file a partition action. Will her refusal to waive dower interest in the state of Ohio bloak the partition action or sale of the real property?
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If you file a partition action, she will be a party to the lawsuit. Assuming you win, the Court will order the partition, she will not have a choice of whether she can hold the process up by refusing to sign away her dower rights.
Do you have an interested buyer for YOUR share? The only time that she would have to sign off is to sell HIS share. She has no dower rights in YOUR share.
Answered on Feb 15th, 2013 at 3:46 PM