Ohio § 5305.21
Full text of Ohio Ohio Revised Code § 5305.21, with citation guidance and answers to common questions.
§ 5305.21.
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 sections 5305.18 to 5305.20 of 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 section 5305.20 of 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.
Frequently Asked Questions About Ohio § 5305.21
What does Ohio Revised Code § 5305.21 cover?
Section 5305.21 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5305.21?
A common citation format is "Ohio Revised Code § 5305.21" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5305.21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.