How to confirm your ownership share in Michigan real estate before a sale
Short answer: ownership percentage is determined by what the deed, trust, or court records say. You can confirm your share by getting the recorded deed/title, checking related trust or probate documents, and (if necessary) ordering a title report or asking a lawyer to bring a court action to quiet title or partition.
Detailed answer — what to check and the steps to take
If you are worried about whether you own a portion of your parents’ property — or how large your share is — focus first on documentary proof. Ownership of real property depends on the legal title shown in recorded documents and on any controlling trust or probate transfers. Follow these steps in Michigan to confirm your ownership percentage before a sale:
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Get a certified copy of the recorded deed(s).
Contact the county Register of Deeds where the property is located and request a copy of the current recorded deed. Many Michigan counties provide online document search and copies. The deed is the primary evidence of legal ownership and may state the owners’ names and the words that define how they hold title (for example, “as tenants in common,” “as joint tenants with right of survivorship,” or language creating a life estate). If the deed lists fractional interests (for example, “one-half” or “25%”), that controls the ownership percentage unless later documents change it.
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Read the deed language carefully.
Key things to look for on the deed:
- Whether multiple grantees are named and whether the deed states specific fractions.
- Whether the deed indicates “tenants in common” (each person owns a separate share that can be sold or passed by will) or “joint tenants with right of survivorship” (survivor(s) get the whole on death).
- Whether the deed reserves a life estate or creates future (remainder) interests — which means some people only have a present or future interest, not full marketable title now.
If the deed is silent about unequal shares, many courts presume equal shares among grantees, but the best approach is to confirm with a title professional or attorney because facts vary.
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Check for a trust, will, or other documents.
If the property was placed into a trust, the trust agreement controls who has what interest and whether the trustee can sell. If an owner has died and the property is passing under a will or via probate, ownership might not be final until probate or trust administration finishes. Ask the parents or their attorney whether the property is in a trust or whether a transfer-on-death designation exists.
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Order a title search or title commitment.
A title company can run a full title search and produce a title commitment or abstract that shows recorded ownership, liens, mortgages, easements, and the chain of title. A title company or real estate attorney can interpret ambiguous deed language and tell you whether your claimed share appears in public records.
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Compare related records: tax bills, mortgage statements, and prior deeds.
Property tax bills and prior deeds can help establish a chain of ownership. Mortgage, payoff, or settlement statements do not by themselves prove ownership, but they provide context for recent transactions.
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When records are unclear or disputed, consider legal remedies.
If documentary records contradict each other or if someone claims an ownership interest that you dispute, Michigan law provides court actions to resolve title problems:
- A quiet title action asks a court to declare who owns the property and to clear competing claims.
- A partition action can force a sale or divide the property when co-owners disagree about sale or possession.
These actions involve filing in Michigan circuit court and are fact-specific. A real estate attorney can advise whether a quiet title or partition suit (or negotiation/mediation) best fits your situation.
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Don’t assume mortgage or payment history equals ownership.
Paying mortgage payments or property taxes does not by itself create legal ownership. Title (the deed or trust) controls legal ownership. Conversely, being on tax or utility bills won’t necessarily give you a share unless recorded documents show it.
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If the parents plan to sell while they are alive.
If your parents hold full legal title and you do not, they generally can sell the property without your consent. If your name is on the deed as an owner (for example, as a tenant in common), the seller will need your signature to convey your share, or the buyer can buy only the portion your parents own. If co-owners cannot agree, the buyer or an owner can seek a court-ordered partition sale.
Practical examples:
- If the recorded deed grants the property “to Alice and Bob as tenants in common, each owning an undivided one-half interest,” your ownership percentage is 50%.
- If the deed grants the property “to Alice and Bob” with no further language and no fractional words, many courts will presume equal shares (often 50/50), but you should confirm with a title search and legal advice.
- If the deed grants a life estate “to Mom for life, remainder to Jane and Tom” Jane and Tom have future interests — they cannot demand sale during Mom’s lifetime unless the deed or law allows.
Where to get help and authoritative Michigan resources:
- County Register of Deeds website for the county where the property sits (searchable through county government sites).
- Title companies — for a title search and title commitment.
- Michigan Legal Help — self-help information about property and probate: https://michiganlegalhelp.org
- Michigan Courts — for information about filing civil actions like quiet title or partition: https://courts.michigan.gov
- Michigan Legislature — if you want to look up state statutes on deeds, probate, and property: https://www.legislature.mi.gov
When to consult an attorney: If the deed is ambiguous, if someone else disputes your claim, if a trust or probate is involved, or if you are considering a court action, talk to a Michigan real property attorney. An attorney can pull title, interpret documents, advise on whether a partition or quiet title suit is likely to succeed, and prepare or review settlement documents if a sale is imminent.
Costs and timeline: Pulling a deed from the register of deeds is usually inexpensive and quick. A title search and commitment costs more but can be done in days. Court actions (quiet title, partition) can take months and involve filing fees, attorney fees, and sometimes expert or survey costs.
Helpful Hints
- Start with the recorded deed — it tells the core story about legal ownership.
- Ask for the deed record number or parcel number to speed searches at the Register of Deeds.
- Keep copies of tax bills, mortgage statements, settlement statements, and any trust documents — they help build the timeline of ownership.
- If the deed language is unclear, get a title company or attorney to produce a written title report before anyone signs a sale document.
- Remember: being listed on a mortgage or paying bills does not replace or create deeded ownership.
- If you cannot find a deed showing your interest, don’t assume you have rights — confirm before objecting to a sale.
- If co-owners disagree about selling, consider mediation before filing expensive court actions.
- Act promptly. If someone is preparing to sell, gathering documents and ordering a title search right away prevents surprises at closing.