Ohio Code 2127.13 – Necessary parties in sale by guardian
Current as of: 2024 | Check for updates
|
Other versions
In an action by a guardian to obtain authority to sell the real property of the guardian’s ward the following persons shall be made parties defendant:
Terms Used In Ohio Code 2127.13
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(A) The ward;
(B) The spouse of the ward;
(C) All persons entitled to the next estate of inheritance from the ward in the real property who are known to reside in Ohio, but their spouses need not be made parties defendant;
(D) All lienholders whose claims affect the real property or any part of the property;
(E) If the interest subject to the sale is equitable, all persons holding legal title to the real property or any part of the property;
(F) All other persons having an interest in the real property, other than creditors.