Detailed Answer

Overview (plain language): When co-owners of Michigan real property cannot agree on what to do with the property, any co-owner can ask a court to divide the property or sell it and divide the proceeds. That court action is called a “partition” action. The court will try to divide the property fairly. If dividing the land physically is not practical or would be unfair, the court can order a sale and distribute the sale proceeds among the co-owners after paying liens, costs, and expenses.

Step-by-step: How co-owners initiate a partition action in Michigan

Confirm co-ownership type and gather documents. Determine whether owners hold title as tenants in common, joint tenants, or with rights of survivorship. Collect the deed(s), mortgage statements, title report (if available), tax bills, lease(s), surveys, and any written agreements among owners.
Try to resolve the dispute outside court first. Michigan courts strongly favor voluntary settlement. Communicate with the other co-owner(s), consider mediation, or get offers to buy out an owner’s interest. Written settlement avoids court costs and delays.
Decide what relief you want. In Michigan you can ask the court for partition in kind (physical division) or sale (public or private sale). You can also ask the court to appoint a commissioner to carry out the division or sale and to determine how to allocate proceeds and costs.
Prepare and file a complaint for partition in the appropriate court. File a civil complaint in the circuit court of the county where the property is located. The complaint should identify the property by legal description, name all owners and known lienholders as parties, and state the request (partition in kind or sale). Michigan statutory law governs partition actions; see MCL 600.3301 et seq. for the statutory framework (partition procedure and court powers). For example: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-3301
Serve all interested parties and lienholders. After filing, have the complaint and summons served on all co-owners and known mortgagees, judgment creditors, tenants, or others with recorded interests. The court must be able to notify all parties so their interests are protected.
Proceedings in court: preliminary steps and possible appointment of a referee/commissioner. The court may order a hearing, require title and interest filings, and can appoint a commissioner or special referee to examine the property, prepare a proposed partition plan, arrange a sale, or handle distribution of proceeds. The court will consider whether a partition in kind is practicable and equitable. If not, it will order a sale and direct how costs and proceeds are divided.
Sale, distribution, and resolution. If the property is sold, the court’s order will specify how sale proceeds are distributed (pay off liens first, then costs, then owners by share). If one owner buys out others, the court can confirm the transaction. The final court order (judgment of partition) resolves ownership and divides proceeds or property.

Key Michigan legal points to know

Statutory basis: Michigan partition actions are governed by statute; see MCL 600.3301 and related sections (partition procedure and court power): https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-3301
Court discretion: The court has broad equitable powers to order a fair result, including sale versus division and allocation of costs.
Liens follow the property: Mortgages and recorded liens are typically paid out of sale proceeds before owners receive shares.
Costs and commissioner fees: The court may charge costs and fees (including fees for a commissioner) against the proceeds or allocate them between owners.
Title and survivorship: Joint tenancy with right of survivorship may defeat partition claims when ownership right has passed by operation of law upon death—confirm current title before filing.

What you should file and bring to court

Complaint for partition with legal description of the property.
Copies of deeds, mortgages, leases, surveys, tax bills, and title information.
A proposed breakdown of ownership shares and, if applicable, valuation or appraisal evidence.
Evidence of any payments toward the property (mortgage payments, improvements) if you ask the court to account for unequal contributions.

Possible outcomes

Partition in kind — physical division of land among co-owners (rare for small or single-family parcels).
Judicial sale — sale of the property and distribution of proceeds after liens and costs.
Buyout — one co-owner purchases the others’ interests (court may approve or confirm appropriation pricing).
Settlement — parties reach an agreement at any stage and dismiss the court action.

When to get a lawyer

If the other co-owners resist, there are liens, mortgage defaults, disputes about shares or contributions, or complex title issues, consult a lawyer experienced in Michigan real property litigation. A lawyer can prepare pleadings, identify required parties, calculate equitable adjustments, and represent you at hearings. If you are trying negotiation or mediation, a lawyer can also draft buyout offers or settlement terms.

Relevant statute link

Michigan partition proceedings are found in the Michigan Compiled Laws; see, for example: MCL 600.3301 et seq.: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-3301

Helpful Hints

Before filing, get a current title report to identify all owners and recorded liens.
Consider a professional appraisal so the court has a reliable value if sale or division is ordered.
Mediation can save time and money; many county courts provide mediation resources.
Document any payments you made (mortgage, taxes, improvements) — courts can account for unequal contributions.
If you want to keep the property, make a reasonable buyout offer and document financing readiness — courts are more likely to approve an owner buyout than a forced sale at auction.
Remember tax consequences: sale or buyout can trigger capital gains tax, so consult a tax advisor.
Be prepared for time and costs — partition lawsuits can take months and include court, appraisal, and commissioner fees.

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Michigan attorney.