Detailed Answer
This article explains how a co-owner can ask a Michigan court to divide real property when co-owners cannot agree. It summarizes the typical steps, the likely outcomes, and what you should gather before you act. This is educational information only and not legal advice.
Where Michigan law allows partition actions
Michigan permits lawsuits to partition (divide or sell) real property held by two or more owners under the partition statutes. See MCL 600.2801 et seq. for the statutory framework governing partition actions in Michigan: MCL 600.2801.
Common hypothetical
Imagine two siblings inherit a lakeshore cottage as tenants in common. They disagree about using or selling it. One sibling can file a partition action asking the court either to physically divide the property (partition in kind) or, if division would be impractical or unfair, to order a sale and divide the sale proceeds between the owners.
Step-by-step process
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Confirm ownership and rights:
Obtain the deed, title report, and any recorded documents that show how the property is owned (tenants in common, joint tenancy, trust, etc.). Partition actions normally concern co-owners (tenants in common). If the title is joint tenancy, severing that interest may be necessary before partition.
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Evaluate liens, mortgages, and encumbrances:
Collect mortgage statements, tax bills, judgments, or mechanic’s liens. A partition action will not erase valid liens; liens typically must be paid from sale proceeds or otherwise addressed in the court’s distribution.
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Try negotiation or mediation first:
Courts expect parties to try to resolve disputes without litigation when possible. Consider a buyout, signing a co-ownership agreement, or using a mediator to split values or schedule usage. Litigation is expensive and can take many months.
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File the complaint in the circuit court where the property sits:
The plaintiff (the co-owner seeking partition) files a complaint for partition in the county circuit court where the real property is located. The complaint names all co-owners and any lienholders as defendants and asks the court to divide the property (partition in kind) or to order a sale and distribution of proceeds.
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Serve defendants and allow time to respond:
All defendants must receive proper service. They then can answer, assert defenses, or file counterclaims (for example, a claim that the property is not subject to partition or that the plaintiff has waived rights).
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Pre-trial procedures and discovery:
Parties exchange documents (title, tax records, appraisals) and may take depositions. The court may require appraisal(s) to determine fair value or may order alternative dispute resolution before trial.
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Court decision—partition in kind or sale:
If the court finds the property can be fairly divided without prejudice to owners, it may order a partition in kind (physical division). If division would be impractical or cause prejudice, the court may order a sale and division of proceeds. Michigan’s statutes describe how partition actions proceed; see particularly the provisions that allow sale when division is impracticable (MCL 600.2803).
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Appointment of commissioners or sale process:
The court often appoints commissioners to survey, divide, or sell the property. For a sale, the court will typically approve the terms and confirm the sale before proceeds are distributed. The court handles distribution of proceeds, paying liens, costs, and then dividing remaining funds according to ownership shares.
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Distribution and closing matters:
After costs and liens are paid, the court orders distribution to owners. If the property sells, the purchaser receives clear title (subject to court-approved exceptions). If a partition in kind occurs, deeds or amended legal descriptions transfer the divided portions to owners.
Timing and likely costs
Partition cases vary widely. Simple cases resolved by agreement may take a few months. Contested litigated cases can take a year or more. Costs include filing fees, service fees, attorney fees, appraisals, survey or commissioner fees, and costs of sale. The court may order the unsuccessful party to pay some costs, but parties typically bear their own attorney fees unless statute or contract provides otherwise.
What to expect if you file
- The court will look for a fair method to divide value among owners.
- If the property cannot be conveniently divided, expect an ordered sale and a court-supervised distribution of proceeds.
- Liens and mortgages remain legal obligations and usually get paid from the sale proceeds.
- The court assigns costs and may direct adjustments between parties for unequal contributions, improvements, or encumbrances.
Relevant Michigan statute references
Primary partition statutes begin at MCL 600.2801. For rules on ordering a sale when division would cause prejudice, see MCL 600.2803. You can read the text on the Michigan Legislature website: MCL 600.2801 and MCL 600.2803.
When to get a lawyer
If co-owners cannot agree, consult a Michigan real estate attorney before filing. An attorney can review title, estimate likely outcomes, advise if a buyout is practical, and handle court filings and strategy. If you cannot afford an attorney, some legal aid organizations or self-help resources at the local circuit court can provide limited assistance.
Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every case depends on its facts. Consult a licensed Michigan attorney to get legal advice tailored to your situation.
Helpful Hints
- Gather title documents, the deed, mortgage statements, tax bills, and any written co-owner agreements before talking to an attorney.
- Get a preliminary market valuation or appraisal to see whether a buyout or sale makes more sense financially.
- Try mediation or a neutral valuation to avoid litigation costs and delay.
- Be aware that liens and mortgages will typically be satisfied from sale proceeds—plan for those payments in advance.
- If you own the property as joint tenants, confirm whether severance of joint tenancy is needed before partition.
- Ask an attorney about possible offset credits for improvements one owner paid for or unpaid rent/use by a co-owner; courts may adjust distributions.
- Expect the court to appoint commissioners or professionals (surveyors, appraisers); their fees become part of the case costs.
- Keep communication documented. Written settlement offers, buyout proposals, and payment records help if the case goes to court.
- Check local court procedures for filing a partition complaint—the county circuit court where the property sits handles these cases.