Detailed Answer

Under Michigan law, a partition action divides co-owned real property fairly. These actions follow Michigan Compiled Laws, sections MCL 600.3201 through 600.3277. A court-appointed commissioner handles the physical or sale partition process when owners cannot agree on terms. Below are the steps to initiate or consent to such an action.

1. Evaluate Ownership and Property

Identify all co-owners and confirm their legal interests. Review deeds, agreements, mortgages, and liens. Ensure you name every party holding an estate or lien on the property. Accurate description avoids delays.

2. File a Partition Complaint with the Circuit Court

Prepare and file a complaint for partition in the county where the property lies. The complaint must:

Identify each co-owner by name and address.
Describe the property’s legal description.
State each party’s ownership share.
Request partition in kind or sale.

See MCL 600.3203 for detailed requirements.

3. Serve Summons and Complaint

Serve every named party with the court summons and complaint according to Michigan Court Rules (MCR) 2.105. You may use a sheriff or a private process server. Proof of service alerts the court that parties received notice.

4. Request Appointment of a Commissioner

If the court finds physical division impractical or unfair, it appoints a commissioner under MCL 600.3218. The court issues an order naming the commissioner and outlining their duties, including inspection, valuation, and sale recommendations.

5. Commissioner’s Inspection and Report

The commissioner visits the property, evaluates its condition and value, and considers possible division layouts or sale methods. They prepare a written report and proposed scheme under MCL 600.3241. The report includes a map or plat if the property divides physically.

6. Consent to the Commissioner’s Plan

Parties may consent in writing to the commissioner’s recommendation. To consent:

Review the commissioner’s written report.
Sign a consent form or stipulation filed with the court.
File objections within 14 days, if any, under MCL 600.3241.

Written consent speeds up final judgment and avoids additional hearings.

7. Final Court Approval and Distribution

After consent or resolution of objections, the court reviews the plan. It enters a final decree ordering either:

Physical division of the parcel and new deeds for each owner (in kind).
Sale at public auction or private sale and distribution of net proceeds per ownership share.

The court clerk issues deeds and distributes proceeds under MCL 600.3247 and 600.3253.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a qualified Michigan attorney for guidance on your specific situation.

Helpful Hints

Gather all title documents before filing.
Notify lienholders early to avoid surprises.
Keep clear records of service and filings.
Review the commissioner’s report promptly.
Discuss settlement options to minimize costs.