Detailed answer — How a Michigan partition action works and how to start one

When multiple people inherit real property in Michigan and one or more co-owners refuse to cooperate, a partition action lets a co-owner ask the circuit court to divide the property or order its sale and distribute the proceeds. The basic idea: the court forces a fair division when voluntary agreement is impossible.

Legal basis: Michigan law authorizes partition actions. See the partition statute, MCL 600.2801, which outlines the court’s authority to order partition or sale of property owned by two or more persons: MCL 600.2801.

Step-by-step overview

1. Confirm ownership and chain of title. Get the deed, death certificate(s), and any probate documents. Determine whether title vests in named heirs, the estate, or a trust. If the decedent’s estate is still open, contact the personal representative or probate court file before filing.
2. Identify and locate all possible owners and interested parties. List all co-owners, beneficiaries, mortgage holders, lien holders, tenants, and people who might claim an interest (heirs-at-law or devisees). Good address records reduce the need for published service.
3. Send a written demand to cooperate. Before litigation, send a certified letter (demand for partition or sale) to all co-owners. Courts view attempts to resolve the dispute before filing favorably and you may need the content for settlement talks.
4. File a complaint for partition in circuit court. File the complaint in the county where the property is located. The complaint should: identify the property; state each plaintiff’s and defendant’s interest; ask the court to partition the land in kind or order a sale and divide proceeds; and ask the court to appoint a commissioner or receiver if needed.
5. Name all known owners and interested parties as defendants. You must include every person who holds an interest in the property so the court can clear title and divide proceeds. If an owner’s location is unknown, name them and explain efforts to locate them in the complaint.
6. Serve the defendants properly. Michigan civil procedure requires proper service on each named defendant. If you cannot locate a co-owner after reasonable search, you can ask the court for service by publication or other substituted service. The court will require proof of your efforts to find the person; if satisfied, it may allow notice by publication. Proper service is vital — the court needs jurisdiction over defendants to bind them by judgment.
7. Request appointment of a commissioner or sale. In many cases the court appoints a commissioner to survey and physically divide the land (partition in kind) or to sell it and distribute proceeds. If the property cannot be divided fairly, courts typically order a sale and distribution of net sale proceeds according to ownership shares.
8. Address minors, incompetents, and unknown heirs. If an owner is a minor or legally incapacitated, the court will appoint a guardian ad litem or require a guardian to protect their interest. For unknown owners, the court may allow service by publication and later appoint a representative for them.
9. Default and final decree. If a defendant is properly served and does not respond, you may seek a default judgment with the court. After hearings and accounting for liens, mortgages, taxes and expenses, the court enters a final decree dividing property or ordering sale and distribution of proceeds.

Practical points about nonresponsive co-owners

• If co-owners ignore letters, the complaint can still proceed as long as you follow service rules. The court can bind them through service by publication or other authorized notice methods, but you must document diligent efforts to locate them.
• Even without personal participation, an unresponsive owner may remain entitled to their share of the proceeds. The court’s job is to protect everyone’s property rights, not to punish silence.
• Mortgages and recorded liens survive partition. The sale proceeds will typically pay those obligations before owners receive their shares.

Timing, costs, and likely outcomes

Partition cases vary widely in time and expense. If parties cooperate, you may reach a private sale or buyout quickly. If the court must order a sale, the process can take months to more than a year and will include court costs, appraisal fees, commission fees, and attorney fees if requested by a party and allowed by the court.

Possible outcomes: (1) partition in kind (rare for small parcels), (2) court-ordered sale and division of proceeds, or (3) negotiated buyout where one owner pays others to avoid sale. The court aims for fairness and to satisfy existing liens and claims first.

Helpful hints — Practical steps to prepare and improve your case

• Gather documents: deed, last will and codicils, death certificate, probate case number (if any), mortgage statements, tax bills, leases, and any correspondence among owners.
• Perform a title search to discover recorded liens and identify all record owners and encumbrances.
• Keep a record of every attempt to contact unresponsive owners (letters, certified mail receipts, phone logs, emails). Courts expect documented, reasonable efforts before allowing publication service.
• Consider mediation or negotiation before filing. A simple buyout or a mediated sale splits costs and avoids litigation delay.
• If a co-owner lives out of state or can’t be found, budget extra time and expense for substituted service and possibly publication notices in local newspapers.
• Check the probate case: if the property is still part of an open estate, coordinate with the personal representative—sometimes the estate can transfer property or resolve ownership without a separate partition suit.
• Ask the court to appoint a receiver if the property generates income that needs protection (rental income, ongoing maintenance issues).
• Be realistic about dividing small parcels. If physical division harms value, courts prefer sale and distribution of proceeds.
• Budget for appraisal fees so the court can determine fair market value before sale or distribution.

Where to find more information and help

Start by reading the partition statute: MCL 600.2801. For procedural detail on service and court forms, check the website for the Michigan Circuit Courts in the county where the property sits. If the property is part of a probate estate, also review the Michigan Estates and Protected Individuals Code and the probate court file.

If you are unsure how to proceed, consult a Michigan attorney who handles real property and probate litigation. An attorney can prepare the complaint, ensure correct service, request publication if needed, and represent you at hearings and sale proceedings.