Detailed Answer
When two or more parties own real estate together in Michigan and cannot agree on its use or disposition, they may file a partition action in circuit court. Under Michigan law, this process lets a judge force a fair division or sale of the property. The governing statutes begin at MCL 600.3301.
1. Filing the Complaint
A co-owner (plaintiff) files a complaint naming all other co-owners (defendants). The complaint must describe the property, ownership interests, and the relief sought: either a physical division (partition in kind) or a sale of the property for division of proceeds (MCL 600.3304).
2. Service and Response
The plaintiff must serve each co-owner with the summons and complaint. Defendants typically have 21 days to answer or contest the form of partition.
3. Feasibility Hearing
The court holds a hearing to determine if a partition in kind is practical. For irregular or small parcels, physical division may not be feasible. The court considers market value impacts, property layout, and co-owners’ interests.
4. Appointment of a Commissioner
If the court orders partition, it often appoints a disinterested commissioner or referee (MCL 600.3362). The commissioner inspects the property, drafts a plan for division or sale, and reports back to the court.
5. Partition in Kind vs. Partition by Sale
- Partition in Kind: The property is physically divided into separate parcels, each allocated to co-owners according to their ownership shares. This preserves real estate assets.
- Partition by Sale: If physical division is impractical or unfair, the property is sold at public auction or private sale. Net proceeds are divided among co-owners by their respective interests.
6. Final Report and Distribution
After completing the division or sale, the commissioner files a report. The court reviews and, if approved, issues a final order of partition. The court directs distribution of parcels or sale proceeds. Costs and fees are generally deducted before distribution (MCL 600.3330).
Timeline and Costs
A partition action often takes several months to over a year, depending on property complexity and court schedules. Each party bears their own attorney fees, although the court may allocate costs between co-owners.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Consider mediation before filing to save time and costs.
- Gather deeds, surveys, and title information early.
- Visit the property with a surveyor to identify boundary lines.
- Discuss possible buy-out options with co-owners.
- Budget for court fees and commissioner expenses.
- Keep detailed records of communications with co-owners.