Ohio § 5309.40
Full text of Ohio Ohio Revised Code § 5309.40, with citation guidance and answers to common questions.
§ 5309.40.
A registered owner in fee of real property, in order to transfer the owner's whole
interest in the property or in any part of the property or to transfer any undivided
interest in the property shall execute to the intended transferee a deed or instrument
of conveyance that, in case of transfer of the whole of the property, may be on the
duplicate certificate of title. The deed or instrument of conveyance may be in any form authorized by law. When the transferee presents the deed or instrument of conveyance to the county
recorder of the county in which the property is situated, the recorder shall file
the deed or instrument of conveyance, and, if the recorder finds that the transferor
is entitled to make the transfer under this chapter and Chapter 5310. of the Revised
Code, the recorder shall register the title, in accordance with the deed or instrument
of conveyance, in the name of the transferee upon a new folium in the register of
titles, shall enter on the new folium in a manner consistent with section 5309.281 of the Revised Code all memorials, notations, and memoranda to which the property is subject at the time
of the transfer, and shall issue a new certificate of title to the transferee that
states the transferee's full name, place of residence, and post-office address, whether
the transferee is married, and, if the transferee is married, the name of the transferee's
spouse. If the transferee is a minor, the transferee's exact age must be given on the new
certificate of title, or, if the transferee is under another disability, the nature
and character of that disability must be stated on the new certificate of title. Before a transfer can be registered, the transferor or the transferee shall deliver
to the recorder the duplicate certificate of title of the transferor, and the recorder
shall enter upon the folium of the register in which the title of the transferor is
registered and upon the duplicate certificate of title a memorial or memorandum canceling
it, in whole or in part, as the interest of the transferee may appear from the deed
or other instrument of conveyance, with the particulars of the transfer that may be
necessary for identification, the date of transfer, the name, place of residence,
and post-office address of the transferee, and the volume and folium of the register
in which the transferee's title is registered.
Frequently Asked Questions About Ohio § 5309.40
What does Ohio Revised Code § 5309.40 cover?
Section 5309.40 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 § 5309.40?
A common citation format is "Ohio Revised Code § 5309.40" (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 § 5309.40 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.