FAQ — Partition Actions for Co-Owned Real Estate in Michigan

Short answer: If co-owners cannot agree on keeping or dividing property, one or more co-owners can file a partition lawsuit in Michigan circuit court asking the court to divide the property physically (partition in kind) or order its sale and divide the proceeds. The court follows statutory procedures and may appoint a commissioner to divide or sell the property. This article explains the steps, what to expect, and practical tips.

How a partition case starts and who can bring it

Any co-owner with an ownership interest in Michigan real estate can start a partition action in the circuit court for the county where the property is located. The complaint names all persons with an interest in the property and asks the court to either divide the property among the owners or order a sale and distribute the net proceeds. The primary Michigan statute establishing the right to partition begins at MCL 600.2801 (see statute).

Statute link: MCL 600.2801 — Actions for partition

Common preliminary steps before filing

Confirm ownership type: Determine whether the property is held as tenants in common or joint tenants with right of survivorship. Tenants in common can generally force partition; joint tenancy rights can complicate matters.
Title search: Obtain a title report to identify all owners, liens, mortgages, judgments, or easements that affect the property.
Valuation: Consider a market appraisal so you and the court have current value information.
Demand to other owners: It’s common (and often helpful) to send a written demand to co-owners proposing sale, buyout, or mediation before filing suit. Some disputes settle this way and avoid court cost.

Filing the partition complaint — what it must include

The complaint typically includes:

Identification of the property (legal description or parcel number).
Names and addresses of all persons with an interest (owners, lienholders).
Statement of the plaintiff’s ownership interest and the nature of the dispute.
Request for relief — e.g., partition in kind or sale, appointment of a commissioner, and distribution of proceeds.
Request that the court determine liens and order payments from sale proceeds as appropriate.

Service, response, and early court actions

After filing, the plaintiff must serve the complaint and a summons on all defendants (owners and known lienholders). Defendants have a set time to respond under Michigan Court Rules. If some defendants cannot be found, the court can allow service by publication or appoint a guardian ad litem for unknown or incapacitated parties.

Partition in kind vs. partition by sale

The court prefers partition in kind (physically dividing land) when it is practical and fair. If physical division would be impractical or would materially reduce value, the court may order a sale and distribution of the proceeds. The court may consider:

Size, shape, and improvements on the parcel.
Whether division would prejudice owners’ rights or reduce marketability.
Costs of partition and impact on each owner’s share.

Commissioner, appraisal, sale process, and distribution

If division or sale is ordered, the court commonly appoints a commissioner (sometimes called a referee) to:

Survey or physically divide the property (if partition in kind).
Manage appraisal, marketing, and sale (if partition by sale).
Report to the court and handle the mechanics of sale and distribution.

Existing mortgages and liens generally remain attached to the property and are paid from sale proceeds in order of priority before owners receive their shares. The court will deduct taxes, costs, and statutory fees before distributing net proceeds to owners based on their ownership interests.

Timeline and costs

Expect several months to more than a year depending on complexity, objections, and whether the case ends in sale. Common costs include:

Court filing fees and service costs.
Attorney fees (if you hire counsel).
Appraisal, survey, mortgage payoff, and title work.
Commissioner/referee fees and sale-related expenses.

Alternatives that can avoid litigation

Buyout: One co-owner buys the others at a negotiated price (often based on appraisal).
Mediation or settlement: Neutral mediation can preserve relationships and reduce cost.
Partition by agreement: Co-owners can file a joint stipulation proposing division or sale terms for court approval.

Practical examples (hypothetical)

Example A — Two siblings own a residential lot as tenants in common. One sibling wants to sell; the other wants to keep. The selling sibling files a partition action. The court finds physical division impractical and orders a sale. After paying the mortgage and costs, the net proceeds are split according to ownership shares.

Example B — Three owners of a rural parcel provide surveys and agree to a boundary line division. They submit a joint stipulation and the court approves partition in kind, avoiding a sale.

When to consult an attorney

Consider legal help when:

Title is unclear or multiple liens/judgments exist.
Some owners are missing, incapacitated, or there are heirship questions.
Valuation disputes or complex division issues (driveways, easements, improvements).
You want to negotiate a buyout or prepare a strong complaint and briefing for court.

Helpful links

MCL 600.2801 (Actions for partition): https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-2801

Helpful Hints

Gather documents first: deed(s), mortgage statements, tax bills, surveys, wills, or trust documents that mention the property.
Order a title report early to identify all interested parties and liens.
Get a market appraisal before filing — it helps with settlement and court decisions.
Consider mediation before filing; courts often look favorably on settlement efforts.
Keep detailed records of communications with co-owners — evidence matters in court.
Expect the court to prioritize liens and mortgages when distributing sale proceeds.
If you want the property rather than cash, be prepared with financing for a buyout if needed.

Disclaimer: This article explains general Michigan law and practice about partition actions but is not legal advice. It does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Michigan attorney.