Detailed Answer
Under Michigan law, property you and your spouse acquire during marriage is generally marital property. For real estate, married couples usually hold title as tenants by the entirety. This special form of ownership creates a single legal entity with rights of survivorship. You cannot unilaterally partition or divide property held by the entirety until the marriage is terminated or both spouses agree to sever the entireties estate.
Michigan’s partition statutes (MCL 600.2201 et seq.) allow co-owners who hold property as tenants in common or joint tenants to force a sale or boundary division. However, these statutes explicitly do not apply to property held by the entirety. If your deed shows “husband and wife” or “spouses” without specifying “tenants in common,” the law presumes an entireties estate.
To divide entireties property before divorce, you have two main options:
- Spousal Consent. Both spouses sign a written agreement to convert the entireties interest to a tenancy in common. Once converted, either spouse may file a partition action under MCL 600.2201 et seq.
- Legal Termination of Marriage. A divorce decree severs the tenancy by the entirety. After the decree, the court can divide real property as part of equitable distribution, or either party can file a partition action if title remains in both names.
For personal property (houses, cars, bank accounts, household items), you cannot use a partition action. Instead, marital assets are divided through the divorce process under Michigan’s Domestic Relations Court. Equitable distribution ensures a fair split based on factors like contribution to acquisition, length of marriage, and each spouse’s economic circumstances.
Helpful Hints
- Review your deed: Look for “tenants by the entirety” language to confirm ownership type.
- Partition actions apply only to tenants in common or joint tenants, not entireties estates.
- Obtain your spouse’s written consent to convert title before filing any partition claim.
- Use the divorce process to divide personal property and other marital assets.
- Keep all title documents, financial statements, and agreements organized before consulting an attorney.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a qualified attorney to discuss your specific situation.