Short Answer

If you and family members co-own a parcel in Michigan and you want to force a sale or divide the land, you can ask a Michigan circuit court to order a partition. A partition action can force a physical division (partition in kind) if the court finds the property can be fairly divided, or it can order a sale and distribution of proceeds (partition by sale) if division would be impractical or unfair. Michigan law governing partition actions is found in the Michigan Compiled Laws, particularly MCL 600.2901 and following sections (MCL 600.2901 et seq.).

How partition works in Michigan — step by step

1. Confirm your ownership type and who must join

Most family co-ownerships are tenants in common (each owner holds an undivided share). The court will require that all persons with an ownership interest (including minors, heirs, or unknown claimants) be joined in the case so the court can fully resolve title and division. If title is complex or includes trusts, estates, or liens, those parties must also be identified and joined.

2. Try informal solutions first

Courts expect parties to try to resolve disputes without litigation when possible. Before filing, consider: (a) selling the property by agreement and splitting net proceeds, (b) one or more co-owners buying other owners’ shares (buyout), (c) mediation, or (d) entering a written partition agreement that sets out division lines, responsibilities, or buyout formulas.

3. Filing a partition action in circuit court

If negotiations fail, a co-owner files a complaint for partition in the Michigan circuit court where the property lies. The complaint asks the court to divide the property or order a sale. The complaint must name all co-owners and any interested parties (mortgagees, lienholders). After filing, parties are served and the case proceeds like other civil actions.

4. Court determines whether to divide the land or order sale

The court evaluates whether an equitable physical division is practicable. If it is, the court can order a partition in kind, drawing lines so each owner receives a separate parcel roughly matching their share. If a fair physical division is not practical (e.g., small, irregular, or uniquely improved parcel), the court will typically order a public sale, with proceeds divided according to each owner’s legal share after paying liens and costs.

5. Appointment of commissioners or referee and conduct of sale

When division in kind is ordered, the court may appoint commissioners or a surveyor to divide the land and resolve boundary or compensation issues. If the court orders sale, it supervises the sale process (often via a sheriff’s sale or court-ordered public sale) and later approves the sale and distributes funds among co-owners after deductions for liens, taxes, attorneys’ fees, and costs.

6. Accounting, offsets, and adjustments

The court can account for unequal contributions to mortgage payments, taxes, insurance, or improvements. An owner who paid more than their share may receive credits. Similarly, rents, profits, or waste can affect distributions. Expect the court to require documentation supporting claims for offsets or credits.

Key legal points under Michigan law

Partition actions are brought in the circuit court for the county where the property is located. The controlling statutes start at MCL 600.2901 (see MCL 600.2901).
The court has broad equitable powers to divide property, order sale, appoint commissioners or referees, and make accountings to fairly distribute proceeds.
All persons with a recorded or claimable interest in the land must be made parties, including heirs, devisees, mortgagees, and lienholders.
Mortgages and liens survive partition. Lenders typically must be paid from sale proceeds or continue to have security in any parcel that remains encumbered.

Practical considerations and likely timeline

Timeline depends on complexity and willingness to agree. Simple buyouts or negotiated sales can happen in weeks or months. Litigated partitions usually take several months to a couple of years because the court may need reports, surveys, valuations, and time for sale and objections.

Costs can be substantial: court filing fees, attorney fees, surveyor/commissioner fees, appraisal costs, and sale expenses. Those amounts are typically paid from sale proceeds or apportioned among owners by the court.

What evidence and documents to gather now

Recorded deed(s) and chain of title.
Mortgage and lien documents.
Property tax statements and payment history.
Records of payments you or others made for mortgage, taxes, insurance, utilities, and improvements.
Leases or rental agreements if the property generated income.
Communications showing offers to buy out, mediation, or settlement attempts.

When partition in kind is likely vs. sale

Partition in kind is more likely when the tract is large enough to divide without destroying economic value and when physical division won’t violate zoning or create impractical parcels. Courts prefer division in kind when reasonably possible. When division would leave parcels unusable, reduce value, or harm third-party rights, courts usually order sale.

Options to avoid court or reduce conflict

Offer a fair buyout to co-owners using a recent appraisal.
Propose a managed sale with a local real estate broker and transparent expense accounting.
Use mediation or neutral valuation to reach an agreement on division or price.
If one or more co-owners are non-responsive, consider a negotiated settlement that includes payment terms or use of escrow.

When to get a lawyer

You should consult a Michigan real estate attorney experienced in partition and quiet-title cases if:

Multiple owners or possible missing/unlocatable heirs exist.
There are mortgages, tax liens, or competing claims.
You need to preserve rights such as credits for payments or claims for waste.
You want to pursue a partition action, need forms drafted, or want to understand the likely distribution after sale.

An attorney can prepare the complaint, handle joinder of parties, argue for partition in kind or by sale, object to valuation or distribution, and protect your financial interests in court.

Helpful Hints

Start with a title search early to identify all owners, liens, and encumbrances.
Get a current appraisal before negotiating. A credible appraisal makes buyout offers and settlement discussions more persuasive.
Document every payment you make for the property (mortgage, taxes, improvements). Courts use documentation for credits and offsets.
Try mediation before filing suit. Courts and judges often view settlement attempts favorably, and mediation saves time and money.
If you file suit, hire counsel familiar with local circuit court practices and partition procedures. Local counsel can also recommend qualified surveyors or commissioners.
Remember that sale proceeds generally pay liens and costs first, then distribute net proceeds by ownership share after court accounting.