Step-by-step: Starting a Michigan Partition Action When a Co-Owner Refuses

This FAQ explains, in plain language, how to start a partition action in Michigan when a co-owner will not agree to sell or divide the property. This article assumes you own real property with one or more co-owners and that the property is located in Michigan.

Disclaimer

This is educational information only and is not legal advice. For advice about your specific situation, consult a licensed Michigan attorney.

Short answer

If a co-owner refuses to cooperate, you generally must file a partition action in the Michigan circuit court for the county where the property is located. The court will either order a physical division (partition in kind) if that is practical or order a sale and division of the proceeds. The judge may also appoint commissioners, resolve credits or offsets (e.g., mortgage payments, improvements), and handle liens. Follow these steps to prepare and file the case and to protect your rights while the matter proceeds.

Key Michigan law

Michigan law governing partition actions appears in the Michigan Compiled Laws. See, for example, MCL 600.3201 and the statutes addressing partition procedures. For statutory text, see: MCL 600.3201 et seq. (Partition). For filing and court process information, see the Michigan Courts website: courts.michigan.gov.

Detailed answer — step by step

1. Confirm ownership type and collect documents.
   • Determine whether the property is held as tenants in common or joint tenants. In Michigan, most co-ownerships default to tenancy in common unless the deed states otherwise.
   • Gather the deed, title report, mortgage/loan statements, property tax bills, HOA documents (if any), and records of payments for mortgage, taxes, insurance, or major improvements.
2. Try to resolve the dispute outside court.
   • Send a clear written proposal: buyout offer, sale and split proceeds, or an agreed physical division plan.
   • Consider mediation. Courts often view attempts at negotiated resolution favorably and mediation can save time and cost.
3. Decide where to file.
   • File a partition complaint in the Michigan circuit court for the county where the property is located. (Circuit courts have general jurisdiction over real property actions.)
4. Prepare the complaint for partition.
   • The complaint typically identifies the property, the parties (all record owners and lienholders), the ownership shares (if known), and the relief requested (partition in kind or partition by sale).
   • You should ask the court for an accounting (who paid what) and request any offsets or credits (for mortgage payments, taxes, or improvements you made) against the other owner’s share.
5. Join necessary parties and list liens.
   • Include all co-owners, mortgagees, judgment creditors, and anyone with recorded interests in the property. Failing to join a necessary party may delay or invalidate relief.
6. File the complaint and serve the defendants.
   • File the complaint and pay required filing fees. The court issues a summons, and you must serve each defendant following Michigan civil procedure rules.
   • If a co-owner is avoiding service, you may be able to use substituted service or publication under court rules, but follow the rules carefully.
7. Interim orders and relief.
   • You can request temporary relief from the court while the case proceeds: possession rights, injunctions to prevent removal of fixtures, or orders to collect rents and pay expenses.
8. Court process: commissioners, partition in kind, or sale.
   • If physical division is feasible, the court may order a partition in kind (actual division of the land) and appoint commissioners to prepare a report.
   • If division would be impractical or inequitable, the court usually orders a sale and divides the proceeds. The court will handle liens and distributions based on ownership shares and credits.
   • The court may authorize a public auction or private sale under court supervision.
9. Final judgment and distribution.
   • After the court decides, it issues a judgment of partition. If a sale occurs, the court approves the sale and directs distribution after paying liens, costs, and credits.
10. Post-judgment steps.
    • Record the court’s order and deed (if the property is sold). Make sure title records reflect the distribution or new ownership.

What issues commonly arise?

• Mortgages and liens: the mortgage likely survives partition and must be paid or assumed; the court will account for liens in distribution.
• Credits for contributions: courts can credit a co-owner for mortgage payments, taxes, insurance, and improvements paid on behalf of the property.
• Possession disputes: one co-owner trying to exclude another may lead to temporary possession orders from the court.
• Valuation disagreements: the court may appoint appraisers to determine value prior to division or sale.

Practical timeline and costs

Timelines vary. A simple partition may take several months; contested matters, appraisals, or sales can take a year or more. Costs include filing fees, service fees, attorney fees, appraisers, and possibly commissioner fees or sale expenses. If you obtain a sale, those costs typically come out of sale proceeds.

When to hire an attorney

If the other owner refuses to cooperate, or if the property has mortgages, environmental issues, complex title matters, or significant value, you should consult a Michigan attorney experienced in real property litigation. An attorney can prepare pleadings, handle service, argue for credits, and protect your financial interests during sale or division.

Helpful Hints

• Document everything: keep records of payments, communications, and improvements. The court uses these records when apportioning credits.
• File in the correct county: the action goes in the circuit court where the property is located.
• Name all interested parties: include lenders, judgment creditors, and anyone with recorded interests to avoid later challenges.
• Consider mediation: it’s often faster and cheaper than litigation and preserves more value for owners.
• Ask the court for temporary relief if the co-owner threatens the property or removes fixtures.
• Be prepared for appraisal: know your property’s likely market value and any costs necessary to sell or divide it.
• Budget for costs: litigation and sale expenses reduce the net proceeds you will receive.

Where to learn more and next steps

Read the statute on partition with this link: MCL 600.3201 et seq. Visit the Michigan Courts site for local court contact information and filing instructions: courts.michigan.gov. If you decide to proceed, consider contacting a Michigan real property attorney for a case-specific plan.