Detailed Answer
If you and your siblings inherited real property in Michigan and a minority of the co-owners refuses to sell, Michigan law allows the majority (or any co-owner) to ask the court to force a partition of the land. A partition action asks the circuit court to divide the property among the owners (partition in kind) or, if division is not practical or fair, to order a sale and divide the proceeds (partition by sale).
Which court handles a partition case in Michigan?
Partition actions are filed in the Michigan Circuit Court in the county where the land is located. Circuit courts have jurisdiction over equitable property actions such as partition.
When can the court order a sale?
The court will consider partition in kind first. If the property cannot be fairly divided (for example, a single-family parcel that cannot be split into workable lots or where division would substantially reduce value), the court may order a partition by sale. The court’s goal is an equitable distribution of the property’s value among the co-owners.
Typical steps to file a partition-for-sale suit in Michigan
- Collect ownership and title documents. You will need deeds, the will or probate documents showing inheritance, death certificates, and any documents that show each person’s ownership percentage or contribution.
- Try negotiation first. Before filing, offer to buy the dissenting co-owner’s share, offer mediation, or get an appraisal. Courts expect parties to try reasonable settlement efforts.
- Prepare and file a complaint for partition in Circuit Court. The complaint names all co-owners and any lienholders, explains each party’s interest in the property, describes the property, and asks the court to partition the property or order a sale and distribute proceeds.
- Serve all parties and lienholders. Every person with an interest must be served with the complaint and given the chance to respond. If a party cannot be located, the court may allow service by publication.
- Temporary orders and preservation of the property. You can ask the court for temporary relief to protect the land (for example, prevent removal of improvements, require contribution for taxes and insurance, or appoint a receiver to manage rents or expenses).
- Discovery and valuation. The parties exchange information, arrange an appraisal, and resolve disputes about value, encumbrances, taxes, or expenses.
- Hearing or bench trial. If the parties cannot agree, the court will hold hearings to decide whether partition in kind is possible and, if not, order a sale. The court typically appoints a commissioner or referee to conduct the sale.
- Sale and distribution. If the court orders a sale, the process follows court orders and local rules for notice and bidding. Proceeds are used to pay liens, taxes, sale costs, and then divided among owners according to their ownership shares.
What evidence and documents will the court want?
- Deeds and chain of title showing each owner’s interest.
- Probate or estate documents if ownership came through inheritance (letters testamentary, letters of authority, or a certified copy of the will).
- Property description and parcel/tax identification number.
- Appraisals or valuations, surveys, and photographs.
- Records of mortgage, liens, taxes, insurance, and expenses for the property.
How are liens, mortgages, and debts handled?
Liens and mortgages remain attached to the property. Sale proceeds will first satisfy those encumbrances and taxes, then pay sale costs, then be divided among co-owners. If a lienholder is not joined in the suit, the court may require notice or bring them into the case.
Costs, fees, and attorney’s fees
Court costs and costs of sale are typically paid from sale proceeds. Michigan courts have discretion to award attorney fees in equitable cases in limited circumstances (for example, where one party acted in bad faith). Expect legal fees and commissioner or referee fees unless the parties agree otherwise.
Timeline you should expect
Timelines vary. If co-owners cooperate, a negotiated buyout can close in weeks to months. Contested partition actions take longer: several months to over a year depending on discovery, appraisals, court schedules, and whether appeals follow.
Practical alternatives to court-ordered sale
- Buyout: A majority owner or co-owner can buy out the minority share using a current market appraisal as the basis for price.
- Mediation: A mediator can help the parties reach a sale or buyout agreement more quickly and cheaply than litigation.
- Lease or management agreement: If sale is not immediately desired, co-owners can agree on how to manage or lease the property and share income and expenses.
For general information about Michigan courts, see the Michigan Courts website: https://www.courts.michigan.gov/. For statutes and legislative materials, use the Michigan Legislature site: https://www.legislature.mi.gov/.
Important: This answer explains the typical Michigan procedure for partition and sale of real property when a minority co-owner refuses to sell, but it does not replace legal advice. Laws and court procedures change. Consider consulting a Michigan real property attorney early to review documents, protect your rights, and determine the best strategy for your situation.
Helpful Hints
- Document every communication. Keep written offers, appraisals, and records of payments for taxes, insurance, and repairs.
- Get an independent market appraisal before making a buyout offer. Use the appraisal to back proposed pricing.
- Try mediation first. Courts often encourage settlement, and mediation is faster and less costly than litigation.
- Check for outstanding mortgages, tax liens, or judgments on the title early. These liens reduce sale proceeds and can affect negotiating positions.
- Consider temporary court relief if co-owners are damaging the property, removing fixtures, or failing to pay taxes or insurance.
- Prepare for cost-sharing disputes. The court may order absent owners to contribute to necessary expenses; bring receipts and proof of payments to court.
- Talk to a Michigan real property attorney. An attorney can prepare the complaint, ensure correct parties are joined, handle service, and guide you through commissioner sales and distribution of proceeds.
- If a co-owner cannot be located, the court may allow service by publication; start the search early to avoid delay.
Disclaimer: This article provides general information about Michigan law and is not legal advice. Consult a licensed Michigan attorney to get legal advice tailored to your specific facts.