Disclaimer

This is general information only and not legal advice. I am not a lawyer. For guidance about your specific situation, consult a Michigan attorney who handles real estate or probate matters.

Detailed answer — how you can force a sale under Michigan law

If you inherited a parcel and a co‑owner (another heir or joint owner) refuses to list it with a realtor or otherwise agree to a sale, Michigan law gives co‑owners a clear remedy: a court action for partition. A partition action asks the court to divide the property among the owners or, if division in kind is not practical, to order a sale and divide the proceeds according to ownership shares. The relevant statutory mechanism is a partition action under Michigan law (see MCL 600.2801 et seq.). For the statutory language, see: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-2801.

Step 1 — Verify who actually owns the property

Before doing anything else, confirm title. Get a copy of the deed(s) and any probate court documents. Key ownership scenarios and how they affect your options:

• Ownership as tenants in common (common for heirs): each owner has an undivided share and may file a partition action.
• Ownership as joint tenants with right of survivorship or tenancy by the entirety (often between spouses): the right to force a partition is limited or unavailable until the survivorship interest ends or the tenancy by the entirety is terminated.
• If the estate is still open in probate: the personal representative controls estate property while probate is pending. The probate process or court order may be required before heirs can force a sale.

Step 2 — Try negotiation first

Court is usually a last resort. Before filing, try these sensible alternatives:

• Offer a buyout: offer to purchase the other owner’s share at a fair value based on an appraisal.
• Use mediation: a neutral mediator can help reach an agreement about listing price, commission, or sale terms.
• Propose a short listing period with an agreed realtor and price floor; if no offer, default to court remedies.

Step 3 — File a partition action if negotiations fail

If you cannot reach agreement, you (or your attorney) can file a partition lawsuit in the appropriate Michigan circuit court. The court procedure generally includes:

• Filing a complaint asking the court to partition the property or order a sale.
• The court will determine each party’s ownership share, address liens and mortgages, and decide whether physical division (partition in kind) is practicable.
• If the court finds division in kind impractical or unfair, it will order a public sale of the property and direct how sale proceeds are divided after paying liens, costs, and expenses.

See Michigan’s partition statute: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-2801.

What the court considers and what you can expect

• Practicability of dividing the parcel: the court prefers division in kind if it is fair and practical. For many residential or single-parcel situations, sale is often ordered.
• Liens and mortgages: existing mortgages or liens usually must be paid from sale proceeds or otherwise dealt with before distribution to owners.
• Costs and fees: court costs, appraisals, advertisements, and commission may be paid from proceeds; the court may allocate some costs to the party that filed the action if it deems appropriate.
• Appointment of a commissioner or referee: the court can appoint someone to handle the sale process (oversee listing, accept bids, conduct auction, or handle conveyance).

Special considerations for property still in probate

If title is not yet issued because the decedent’s estate remains open, you must check the probate file. The estate’s personal representative controls estate property. Sometimes the probate court will approve sale of estate property or direct distribution to heirs before a partition action is appropriate. If you are an heir and the personal representative refuses to act, you can petition the probate court for instructions, removal of the representative, or distribution, but the procedure differs from a civil partition action.

Timing and likely timeline

How long a partition takes depends on court schedules, complexity of title issues, whether parties contest ownership shares, and whether the court orders sale or division in kind. A straightforward partition and sale often takes several months; contested matters can take a year or more.

Costs and downsides

Partition litigation has costs: attorney fees, court costs, appraisal fees, and sale costs. Courts sometimes award attorney fees in limited circumstances, but there is no guarantee the filing party will be reimbursed. Also, a court‑ordered sale may fetch a lower price than a voluntary, well‑marketed sale.

When to hire a lawyer

Contact a Michigan attorney if any of the following apply:

• Title or ownership is unclear.
• There are mortgages, liens, or third‑party claims.
• Probate is still open or the property is estate property.
• You want advice on settlement offers, buyouts, or strategic litigation choices.

Helpful hints

• Confirm ownership first — get a certified copy of the deed at the county register of deeds.
• Get a current appraisal so offers and buyouts are based on market value.
• Document all communications with the co‑owner. Courts look favorably on evidence of attempted compromise.
• If the property has a mortgage, talk to the lender before a court sale; lender payoff obligations can affect net proceeds significantly.
• Consider a short, limited listing with agreed minimum price and mediation clause to avoid litigation costs.
• If you file for partition, be prepared for delays and legal fees; weigh that against your need to move the property promptly.
• Search for Michigan resources: the Michigan Legislature site for statutes (https://www.legislature.mi.gov) and the Michigan Courts site (https://www.courts.michigan.gov) for court forms and local procedures.