How to Force a Sale of Real Property (Partition) in Michigan — FAQ

Quick answer: In Michigan you can force the sale of real property owned jointly by filing a partition action in the circuit court for the county where the property sits. The partition statute is MCL 600.2801 et seq. Whether you may file right away depends on who holds legal title now (the decedent’s estate, a personal representative, or heirs who already own the property). This article explains the steps, who can file, what the court does, typical timing and costs, and alternatives to a forced sale.

Disclaimer

This is general legal information, not legal advice. Nothing here creates an attorney-client relationship. For advice about your specific situation, consult a licensed Michigan attorney.

Detailed answer — How partition (forced sale) works in Michigan

1. Confirm who actually owns the house now

Before you begin a partition action, identify the legal owner(s) of the property by checking the county register of deeds. Common scenarios after a parent dies:

The decedent owned the house in their name and no probate has occurred. The property is likely part of the estate. A personal representative (executor) controls the estate’s property until distribution.
The decedent’s estate has been probated and the house was distributed to heirs (so the heirs are now co-owners).
The property passed outside probate (for example, joint tenancy with right of survivorship, a living trust, or a beneficiary deed). That changes who can file.

2. Who may bring a partition action?

Only persons with an ownership interest in the property (title holders) or the personal representative of an estate that owns the property can bring a partition action. If the property is still in the decedent’s name and the estate is open, the personal representative should be the plaintiff. If heirs already hold title as tenants in common, any co-tenant can file.

3. Legal basis: Michigan partition statute

Michigan’s statute for partition actions is found at MCL 600.2801 et seq. That statute governs how a parcel may be partitioned in kind or sold and how proceeds are distributed. You can read the statute starting at MCL 600.2801 on the Michigan Legislature website: https://www.legislature.mi.gov/(mileg.aspx?page=getObject&objectName=mcl-600-2801).

4. Where to file

File the complaint for partition in the Michigan circuit court in the county where the house is located. Circuit court handles title and partition matters.

5. What to include in the complaint

The complaint generally must:

Identify the property (legal description).
Name all persons (and entities) with any recorded interest — all co-owners, mortgage holders, lienholders, and anyone with a recorded right affecting title.
State your ownership interest and the interests of the other parties.
Ask the court to either divide the property physically (partition in kind) or order a sale and to distribute proceeds according to ownership and liens.
Attach copies of title documents if available and provide a copy of the deed or recording information.

6. Service and joinder

You must serve the complaint and summons on all co-owners and on known lienholders. If any interested person cannot be found after a diligent search, the court may allow published or constructive service. All persons with an interest should be joined as defendants so the court can resolve all claims in the same case.

7. Court process — commissioners, partition in kind vs sale

After filing, the court will determine whether the property can be physically divided (partition in kind). If the court finds an equitable physical division is not feasible, it will order a sale. The court often appoints commissioners (or a referee) to inspect the property, report on division options, value the property, and, if required, conduct the sale. The sale will typically be by public auction or court-ordered private sale under court supervision.

8. Liens, mortgages, expenses, and distribution of proceeds

Mortgages and prior liens remain attached to the property. Sale proceeds first pay mortgage and lien obligations, court costs, the commissioners’ fees, and any sale expenses. After liens and costs, the net proceeds are divided among owners according to their ownership share, subject to any legal credits (for example, one co-owner’s payments for taxes, insurance, or improvements may be factored in). The court will supervise the accounting and distribution.

9. Timing and cost

Timeline varies. A straightforward partition can take several months. If title or service issues, creditor claims, or estate disputes exist, the case can take a year or more. Costs include court filing fees, service fees, the commissioners’ fees, publication costs if needed, and possible attorney fees. If you prevail, the court may decide whether attorney fees are recoverable in whole or in part, depending on the circumstances.

10. Special issues when a decedent’s estate is involved

If the estate has not been opened, someone (usually an heir) should consult the probate court about appointing a personal representative. If the estate owns the property, the personal representative acts for the estate and can be the party that files the partition. If the probate estate has already distributed the property to heirs, the heirs are directly co-owners and can proceed with partition.

11. Alternatives to filing for partition

Negotiate a buyout: one co-owner buys out the others’ shares by agreement and pays them a fair value.
Sell by agreement: co-owners agree to list and sell the property and split proceeds; often cheaper and faster than court sale.
Mediation: use mediation to reach an amicable settlement about sale or division before going to court.

12. When to get a lawyer

Consider hiring a Michigan real property or probate attorney if:

Title is unclear or multiple heirs and unknown parties may have claims.
Significant mortgages, liens, or creditor claims exist.
Family disputes make negotiation impossible.
You need help with court pleadings, service, and presenting evidence.

Helpful hints

Start by ordering a certified copy of the deed from the county register of deeds to confirm current legal ownership and recorded liens.
If you don’t know whether the estate is open, check probate court records where your parent died or where they lived.
Ask the probate court whether a personal representative is appointed; if not, someone can petition to open an estate.
Document payments you made for the property (mortgage, taxes, insurance, repairs). The court may credit these against proceeds.
Consider getting a market appraisal early to understand value and whether partition in kind is realistic.
Talk with the other co-owners about selling by agreement — it is usually faster, cheaper, and less acrimonious than a court-ordered sale.
Be prepared for delays if some heirs are hard to locate. The court can allow publication notice but this adds time and cost.
Read the Michigan partition statute starting at MCL 600.2801: MCL 600.2801 et seq.

Next steps you can take right now

Check the county register of deeds for the deed (owner names, liens).
Check probate records to see whether an estate was opened and whether a personal representative has been appointed.
Talk with co-owners about selling by agreement or a buyout.
If you decide to pursue court partition, consult a Michigan attorney experienced in real property and probate litigation to prepare and file the complaint and to advise you through service, hearings, and distribution.

If you want, tell me what the deed says (owner names and how title is held) and whether probate has been opened. I can explain the likely next legal steps for that specific situation.