Detailed Answer
A party can force the sale of jointly owned real estate in Michigan by filing a partition action in circuit court. Under Michigan’s statutes, any co-owner—whether a tenant in common or joint tenant—may seek to divide or sell the property. The principal statute is MCL 600.3301, which authorizes a court to adjudicate ownership interests and order a physical division (“partition in kind”) or, if division is impractical or unequal, a sale.
Step 1: Filing the Complaint
File a complaint in the circuit court where the property lies. The complaint should identify all co-owners, describe the property with a legal description, and state the relief sought—partition in kind or sale. Michigan law requires service on all parties so they can respond or assert cross-claims.
Step 2: Determining Partition in Kind vs. Sale
The court first considers whether it can divide the land fairly based on size, shape, value, and use. If physical division would significantly impair value or function, the court instead orders a sale under MCL 600.3308.
Step 3: Appointment of a Commissioner
When sale is ordered, the court appoints a commissioner—often a local real estate professional—under MCL 600.3306. The commissioner handles advertising, conducts the public auction, and reports the sale price and proceeds to the court.
Step 4: Sale and Distribution of Proceeds
The sale usually occurs at public auction. After sale costs (advertising, commissioner fees, court costs) and any liens or mortgages are paid, the remaining funds distribute to co-owners in proportion to their ownership interests.
Key Statutes at a Glance
- MCL 600.3301: Authority to file partition action
- MCL 600.3306: Commissioner appointment and duties
- MCL 600.3308: Procedure for sale of real property
Disclaimer: This article provides general information on Michigan partition law. It does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Verify the exact legal description with your county register of deeds.
- Include all co-owner names and last known addresses on the complaint.
- Consider whether an appraisal could support your request for sale or in-kind partition.
- Be aware that some costs (commissioner fees, advertising) come out of sale proceeds.
- Consult local court rules for filing fees and service requirements.