Short answer

If you and one or more co-owners cannot agree about what to do with family land you inherited, you can ask the Michigan circuit court in the county where the land is located to partition the property. The court can either divide the land (partition in kind) or order a sale and divide the proceeds. To start, you file a civil complaint asking for partition, name all co-owners and lienholders as parties, serve them, and follow the court’s procedures for appointment of a commissioner or sale. Michigan’s partition rules are set by statute and handled in circuit court.

Detailed answer — how the process works under Michigan law

What a partition action is: A partition action is a civil lawsuit asking the court to physically divide property among co-owners or, if dividing fairly is not feasible, to sell the property and distribute the sale proceeds among the owners according to their ownership shares.

Where to file: Partition actions are filed in the Michigan circuit court located in the county where the real estate is located. Circuit courts handle real property disputes and title actions.

Statute reference: Michigan’s partition procedures are governed by the Michigan Compiled Laws. See the partition-related statutes at the Michigan Legislature website: MCL 600.3201 et seq.. For court-level procedural guidance, consult the Michigan Courts website: courts.michigan.gov.

Who can bring a partition action?

Any person who owns an undivided interest in real property (including heirs, devisees, joint tenants, tenants in common, or co-owners holding title together) can file for partition. A creditor with a valid lien may need to be named because liens affect distribution of proceeds.

Basic steps to file

1. Confirm ownership and interest. Obtain or review the deed(s), probate order (if the property came through an estate), title report, and any mortgage or lien records. Determine each person’s ownership share.
2. Try to resolve outside court first. Consider negotiation, buyout offers, mediation, or asking a co-owner to buy your share. Courts encourage settlement and many disputes settle before sale.
3. Prepare the complaint for partition. The complaint should identify the property (legal description), state your ownership interest, name all co-owners and lienholders as defendants, describe attempts to resolve the dispute (if any), and ask the court to partition the property or order its sale and distribute proceeds.
4. File in the correct circuit court. File the complaint and pay the filing fee in the county where the property sits. The court clerk will assign a case number and set initial deadlines and service requirements.
5. Serve all defendants. Proper service is required on every co-owner and on recorded lienholders. If someone cannot be found, the court may allow service by publication in certain circumstances.
6. Prepare for hearings and possible appointment of a commissioner. The court may appoint a commissioner (sometimes called a referee) to determine whether the property can be divided, to prepare a map or partition plan, to oversee sale if needed, and to report back to the court.
7. Partition in kind or sale. If the property can realistically be divided fairly, the court may order division by lot. If dividing would be impractical or would significantly impair value, the court will order a public sale (often by auction) and then divide the net proceeds after paying liens, costs, and fees.
8. Distribution and closing the case. After sale and payment of debts, the court distributes remaining proceeds among owners by their shares and enters a final order closing the case.

Who must be joined and what about mortgages or liens?

All co-owners with record title and all lienholders (mortgagees, judgment creditors) who have recorded interests in the property should be named as defendants. Liens typically must be paid from sale proceeds before distribution to owners. If a co-owner has possession or is living on the property, the court can address rents, use, and maintenance costs.

Timeline, costs, and practical outcomes

A partition case timeline varies widely: a straightforward uncontested partition may resolve in a few months; contested cases with appraisals, surveys, title disputes, or withheld service can take a year or more. Costs include filing fees, service fees, commissioner or referee fees, appraisal and survey costs, attorney fees (if a party hires counsel), and sale expenses. The court may award costs or order allocation among parties in some circumstances.

Alternatives to a court-ordered sale

Before or during a lawsuit, consider these alternatives:

• Negotiate a buyout where a co-owner purchases your share at an agreed price.
• Mediation to reach a settlement about sale terms or buyout price.
• Partition by agreement that divides land voluntarily and records new deeds.

Practical documents and evidence you’ll need

Gather these before filing:

• Deed(s) showing title history and your ownership interest
• Probate court orders or will (if the ownership came from an estate)
• Title report or abstract, mortgage documents, or judgment liens
• Surveys or maps if available
• Records showing payment of property taxes, insurance, and maintenance costs

When to hire an attorney

Consider hiring a real property attorney if the case involves contested title, complex ownership splits, mortgages or lien prioritization, potential offsets (e.g., credits for improvements), or if you want help negotiating a buyout. An attorney can prepare the complaint, handle service, represent you at hearings, and protect your interests during sale and distribution.

Helpful Hints

• Get a current title search early to identify all owners and recorded liens.
• Collect probate documents and any written agreements between co-owners before filing.
• Ask the court clerk or check local circuit court resources for filing forms, fee schedules, and required cover sheets.
• Consider a neutral appraisal to set expectations about market value before pressing for sale.
• If you need quick access to cash, explore whether a co-owner will buy your interest rather than wait for a court sale.
• Remember that a court-ordered sale often yields less than a negotiated private sale because of auction costs and buyer behavior.
• Account for tax consequences; proceeds from sale may have capital gains or estate tax implications—consult a tax professional.
• Keep thorough records of expenses, repairs, or payments by co-owners—these can affect the distribution of proceeds.

Where to look for official resources

Michigan Legislature (statutes): MCL 600.3201 et seq.

Michigan Courts (court locations, forms, and local rules): courts.michigan.gov

Disclaimer

This article is for general informational purposes only and does not provide legal advice. It does not create an attorney-client relationship. Laws change and outcomes depend on the facts in each case. For advice specific to your situation, consult a licensed Michigan real property attorney.