Michigan: Documents and Information to Provide a Lawyer to Start a Partition Case

Detailed answer — What you need to give a lawyer to begin a partition case in Michigan

When you ask an attorney to start a partition action (a lawsuit to divide or force the sale of property owned by two or more people), the attorney must be able to understand ownership, boundaries, financial encumbrances, and any agreements or disputes between owners. Providing complete, organized documentation speeds the intake process, allows the lawyer to evaluate your case accurately, and helps the attorney draft the complaint and supporting materials that a Michigan court will expect.

Below is a practical checklist of the information and documents most attorneys will need to begin a partition case in Michigan. Not every item will apply in every case, but supply as many as you can.

1. Ownership and title documents

• Current deed(s) showing how the property is titled (grant deed, quitclaim deed, warranty deed). If you have only a copy of your deed, provide it.
• Title report or title insurance policy (if available).
• Chain of title documents for past transfers that concern who owns what interest in the property.

2. Identification of parties and contact details

• Full legal names, current addresses, phone numbers, and email addresses for all co-owners, including addresses where each owner may be personally served.
• Names and contact information for heirs, beneficiaries, personal representatives, trustees, or entities (LLCs, corporations) that own an interest.

3. Property description and boundary evidence

• Legal description of the property (from the deed or tax record).
• Recent property survey or plot plan, if you have one.
• Tax parcel number and recent property tax bills.
• Photographs showing the property, structures, fences, and any disputed boundaries or encroachments.

4. Financial encumbrances and obligations

• Mortgage statements, payoff letters, or promissory notes related to the property.
• Liens, judgments, or recorded easements affecting the property (copy of lien documents or title search showing liens).
• Records of property taxes paid, delinquent taxes, or tax foreclosure notices.

5. Agreements and communications between co-owners

• Written agreements about use, occupancy, contributions to expenses, sale, buyouts, or partition (signed contracts, buy-sell agreements, or meeting minutes).
• Emails, text messages, or letters that record agreements or disputes about the property.

6. Possession and contribution evidence

• Proof of who lives on or uses the property (utility bills, mail, occupancy records).
• Records of payments for mortgage, taxes, insurance, utilities, maintenance, or improvements (bank statements, cancelled checks, receipts).
• Lease agreements and rent rolls if the property generates rental income.

7. Estate, probate, or trust documents (if an owner is deceased or holds the property in trust)

• Death certificate and probate case number or documents if an owner died.
• Last will and testament, letters testamentary, letters of administration, or a trustee’s documentation for a trust or estate.
• Corporate documents, LLC operating agreements, or partnership agreements if an entity owns an interest.

8. Court and legal documents

• Any prior court filings concerning the property (lawsuits, prior partition actions, quiet title actions, foreclosure actions).
• Restrictive covenants, homeowners’ association documents, or municipal code enforcement notices affecting the property.

9. Evidence supporting your requested outcome

• Appraisals, broker price opinions, or evidence of value if you want sale rather than division.
• Evidence of improvements you paid for that could affect equitable distribution (invoices, contractor agreements, before-and-after photos).

10. Practical intake information

• A concise written summary of the dispute and what you want (e.g., physical division, sale and division of proceeds, buyout by a co-owner).
• Any deadlines you know about or urgent liens/foreclosure risks.
• Copies of government-issued ID for yourself (many attorneys will ask for this as part of intake).

In Michigan, partition procedures and remedies are controlled by statute and court practice. A key statutory reference for actions to partition real property is found in the Michigan Compiled Laws concerning partition actions; you can review the statutory language here: MCL 600.2801 (partition actions). Your attorney will use the statute and local court rules to determine whether the court should divide the property physically, order a sale, appoint a commissioner to divide the property, or take other steps.

What the attorney will do with these documents

• Confirm ownership and identify all necessary parties who must be named and served.
• Check for liens, mortgages, or other encumbrances that could affect sale or division.
• Draft the complaint with factual and legal bases for partition and attach supporting exhibits (deeds, surveys, agreements).
• Calculate current values, outstanding debts, and how proceeds should be distributed or who must compensate whom.
• Assess whether settlement, buyout, or alternative dispute resolution might resolve the case without litigation.

How to deliver documents to your lawyer

• Organize documents in chronological order and label them (e.g., Deed_2005.pdf, Mortgage_Stmt_2024.pdf).
• Provide PDF copies where possible. Keep original deeds and title documents safe; attorneys may request originals for verification.
• Prepare a short written timeline you can review with the attorney—include transfers, when occupants moved in, and any disputes or payments relevant to the case.

Helpful hints

• Start early: assembling complete records can take time (title companies, county records, and lenders often need requests or searches).
• Get a certified copy of any deed from the county register of deeds if you lack an official copy.
• Order a current title report from a title company if you can; it speeds the lawyer’s review.
• If an owner is deceased, bring probate case numbers and any estate documents to avoid delays.
• If you suspect an urgent lien or foreclosure, tell the lawyer immediately—those timelines change priorities.
• Be candid about facts: omissions or inaccurate statements can hurt your case and professional responsibility obligations bind attorneys.
• Ask your attorney what they expect as originals versus copies and whether they prefer electronic upload or paper delivery.

Next steps

1. Make a folder (physical or electronic) with the items above and a one-page summary of your goals.
2. Schedule an initial consultation with a Michigan real property attorney and bring the folder.
3. During intake, ask about likely costs, timelines, and alternatives to court (mediation or buyout).

Final note: Each partition case is fact-specific. The more accurate documentation and clear chronological facts you provide, the quicker your lawyer can evaluate the case, prepare pleadings under Michigan law, and pursue the outcome you want.