Michigan: How to Start a Partition Lawsuit When Heirs Disagree

Detailed answer — what a partition lawsuit is and how to start one

A partition action is a court proceeding that lets owners of real property who cannot agree on use or disposition ask a judge to divide the property or order its sale and distribute the proceeds. In Michigan, partition procedures are governed by the civil statutes on partition (see MCL 600.3201 et seq.). You can view the start of that statutory section here: MCL 600.3201 et seq..

Basic situation (hypothetical): four siblings inherited a 20-acre parcel as tenants in common. Three want to keep their portions; one wants a cash payout or sale. Because they cannot agree, any co-owner may file a partition action in the Michigan circuit court where the land is located to force a fair division or a sale.

Step-by-step: How to start a partition lawsuit in Michigan

1. Confirm ownership and interests. Gather the deed(s), the decedent’s will or probate documents (if any), and the recorded chain of title showing the present owners and their ownership shares.
2. Decide venue. File in the Michigan circuit court for the county where the property is located. Partition actions are typically filed as civil suits in circuit court.
3. Prepare the complaint for partition. The complaint should identify the property, list all co-owners and their last-known addresses, state each owner’s claimed share, and request that the court either divide the property or order a sale and distribution of proceeds. Court forms and local court rules may give guidance on required language and service.
4. Name all necessary parties and serve them. You must include every person or entity with a recorded interest that may affect the property (co-heirs, lienholders, mortgagees, life tenants, etc.), and serve them according to Michigan civil procedure rules.
5. Pay filing fees and post any required bonds. Courts charge filing fees and may require a bond to cover costs of partition or appraisal. Fee amounts and bond requirements differ by county.
6. Ask for temporary relief if needed. If immediate action is necessary (e.g., to stop waste, protect structures, or prevent sale), you can ask the court for temporary or preliminary relief while the case proceeds.
7. Participate in discovery and valuation. The parties will usually exchange documents, and the court may order professional appraisals. The court relies on evidence of value, suitability of division, and fairness to owners.
8. Judge’s options. After hearings, the court can: (a) order a physical division of the land (in kind), allocating specific parcels or portions to owners; (b) appoint commissioners to divide the land; or (c) order a sale and divide net proceeds among owners according to their shares. If in-kind division would be impractical or inequitable, sale is common.

What to expect from the court (and statute references)

Michigan statutes lay out the framework and remedies for partition actions. The court examines whether division in kind is feasible and fair. If not feasible, the court may order a sale and distribution of the proceeds among owners based on their legal interests. See general partition provisions: MCL 600.3201 et seq..

Timeline and likely costs

Timing varies: a straightforward partition where parties cooperate may finish in a few months. Contested cases with valuation disputes, complex title issues, or appeals can take a year or more. Costs include filing fees, attorney fees, appraisals, survey work, possible commissioner fees, and court costs. If the court orders sale, sale costs come out of sale proceeds.

Practical tips on evidence and valuation

• Get a recent title report and copies of all deeds.
• Obtain at least one professional appraisal early to show fair market value and to help the court decide whether division in kind makes sense.
• Gather boundary surveys, septic/well information, environmental reports, and maps showing access and road easements.
• Collect documents showing each party’s financial contributions to taxes, improvements, or maintenance — courts may consider equitable adjustments.

Alternatives to filing suit (often faster and cheaper)

Before filing, consider:

• Mediation or facilitated settlement with a neutral mediator to negotiate buyout or division terms.
• One owner buying out the others at an agreed price (possibly financed).
• Agreeing to sell the property privately and split proceeds, avoiding court costs.

When to hire an attorney

Consider hiring an attorney if title is unclear, parties are uncooperative, there are liens or mortgages, boundary disputes exist, taxes or environmental issues are present, or if the potential sale or division has high value. An attorney can draft the complaint, handle service, manage discovery, work with appraisers, and present the case at hearings.

What the court cannot do

The court will not rewrite wills or transfer ownership for reasons unrelated to the legal ownership of the property. Partition deals only with dividing or selling property held by multiple owners and distributing proceeds consistent with legal interests.

Helpful statutory starting point: see MCL 600.3201 et seq. for Michigan’s partition statutes. For local filing procedures, check the circuit court’s website in the county where the property lies.

Helpful Hints

• Begin by checking the deed and the recorder’s office for all recorded interests; missing a party can delay the case.
• Communicate in writing with other owners early; a recorded settlement agreement can avoid court.
• Get an independent appraisal to set realistic expectations for buyouts or sale price.
• Expect the court to prefer division in kind only when it produces fair shares without creating impractical parcels.
• If one co-owner is occupying the property and collecting rent, document payments — courts may consider these when allocating proceeds.
• Ask your county circuit court clerk about local filing checklists, fee schedules, and required forms before you file.
• Consider mediation early — courts often favor settlement and may require mediation before trial.

Disclaimer: This article provides general information about Michigan partition procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Michigan attorney who handles real property or probate matters.