How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Michigan | Michigan Partition Actions | FastCounsel
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How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Michigan

Detailed Answer

When two or more co-owners enter a joint sale agreement for real estate in Michigan, they share carrying costs such as mortgage payments, property taxes, insurance premiums and maintenance expenses. If one co-owner fronts these costs, Michigan law permits that co-owner to recover their fair share from the non-paying co-owner through an equitable accounting or a partition action. Here’s how to proceed:

1. Identify and Document Your Carrying Costs

  • Mortgage interest and principal payments
  • Property taxes
  • Homeowner’s insurance premiums
  • Utilities and general maintenance
  • HOA or condominium fees (if applicable)

2. Calculate Each Owner’s Share

Determine each co-owner’s percentage interest (often by deed or written agreement, e.g. 50/50). Then multiply the total carrying costs by that percentage. For example, if you paid $12,000 in costs and hold a 50% interest, the other co-owner owes you $6,000.

3. Seek Reimbursement Under Your Agreement

Review your joint sale agreement for any cost-sharing or reimbursement clause. Prepare a written demand including copies of invoices, bank statements or cancelled checks to support each expense. If the agreement requires arbitration or mediation, pursue that first to avoid litigation.

4. File a Partition Action If Necessary

If the co-owner refuses to pay, you can file a partition action under Michigan law, MCL 600.3201 et seq. (MCL 600.3201). In such an action, the court may:

  • Order sale of the property
  • Allocate net proceeds among co-owners
  • Reimburse the paying co-owner for advanced carrying costs per MCL 600.3211

5. Obtain a Court-Ordered Accounting

Request an equitable accounting within the partition action. The court will net each co-owner’s contributions by crediting necessary payments—like mortgage interest, taxes and insurance—to the advance-paying co-owner before dividing the remaining proceeds.

Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a Michigan-licensed attorney to address your specific situation.

Helpful Hints

  • Maintain detailed records of all property-related payments and invoices.
  • Note payment dates, amounts, payees and purpose.
  • Compute costs on a consistent schedule (monthly or annually).
  • Send reimbursement requests by certified mail with return receipt.
  • Consider mediation to resolve disputes faster and more affordably.
  • If disagreements persist, consult a Michigan real estate attorney promptly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.