Detailed Answer
Short answer: Under Michigan law, if an heir who inherited real estate refuses to move out or to agree to sell, the other co-owners can seek a court-ordered partition (sale or physical division) and other equitable remedies. The court can force a sale and divide the proceeds according to each owner’s share, and in some situations award rent or damages to the excluded co-owner.
Who owns the property after someone dies?
When a person dies owning real estate, the title normally passes to the heirs or devisees by a will, probate order, or by operation of law. Unless the will or deed creates a joint tenancy with rights of survivorship, heirs typically hold the property as tenants in common. Each tenant in common owns an undivided fractional interest and has the right to possess the whole property.
Why can that occupant refuse to move?
An heir who lives on the inherited property has the same basic possessory rights as any tenant in common. That means they may lawfully stay unless a legal process changes ownership or possession. A co-owner cannot forcibly remove the occupant on their own; you must use legal remedies.
Primary legal remedy: partition
Michigan allows co-owners to ask a court to partition real property. See Michigan’s partition statutes (MCL 600.3201 et seq.) for the governing procedure: MCL 600.3201 et seq.. Key points:
- Either co-owner may file a partition action asking the court to divide the property physically (partition in kind) or, if physical division is impractical, to order a sale and divide the proceeds.
- The court weighs whether physical division is feasible and equitable. If physical division would be unfair or impracticable, the court usually orders a sale.
- The court can appoint a commissioner or neutral officer to sell the property, conduct a public sale, and report back to the court for distribution of proceeds.
- Sale proceeds are distributed after paying liens, mortgages, taxes, court costs, and any costs of sale; the remainder divides according to the owners’ legal shares.
Other remedies the court may order
- Interim orders about possession: the court can allocate exclusive possession temporarily while the case proceeds, or require the occupant to pay use-and-occupancy (rent) to the co-owners if they are excluding them from possession.
- Accounting for rents and profits: a non-occupying owner can seek an accounting for rental value or for profits the occupant collected from the property.
- Enforcement of sale orders: after a court orders sale or eviction, the sheriff or appropriate authority enforces the order if the occupant still refuses to leave.
What to expect procedurally and practically
Partition actions are civil lawsuits. Expect these points:
- Timeframe — months to over a year depending on complexity, title issues, and whether the sale requires orders and confirmation.
- Costs — court filing fees, attorney fees, appraisal and title work, and costs of sale. These are typically paid from sale proceeds or apportioned as the court directs.
- Outcome — either physical division (rare for single-family homes) or sale at public auction/commissioner sale with proceeds split by ownership percentage.
Practical alternatives to litigation
- Negotiate a buyout: offer to buy the occupying heir’s interest at a fair price (based on appraisal).
- Mediation: a neutral mediator can structure a payment plan, buyout, or sale agreement without court.
- Refinance or sell voluntarily: if all parties cooperate, you can list the property and split the proceeds faster and with lower legal cost.
What if the occupying heir claims exclusive rights (e.g., due to a will or family agreement)?
Disputes over ownership, will interpretation, or property agreements complicate partition. The court will examine title documents, the will, probate orders, and any written agreements before dividing or selling the property.
When to involve local counsel
Because partition and possession involve property law, probate issues, and civil procedure, you should consult a Michigan real estate or probate attorney to evaluate title, advise on options, and represent you in court. An attorney can also seek emergency interim relief (such as orders for possession or accounting) if warranted.
Relevant Michigan statute (starting point)
See Michigan’s partition statute: MCL 600.3201 et seq..
Disclaimer
This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Michigan attorney.
Helpful Hints
- Gather documentation: deed, death certificate, will or probate papers, mortgage statements, proof of property taxes paid, and any written agreements among heirs.
- Get a current appraisal and title report so you know market value and outstanding liens.
- Make a written demand: send a polite but firm written request asking the occupying heir to vacate, sell, or accept a buyout offer. Keep copies of all communications.
- Consider a buyout or mediated settlement first — it saves time and cost compared to litigation.
- If filing a partition action, expect court costs and a timeline that can stretch many months; budget for appraisal, legal fees, and possible auction costs.
- Preserve evidence of exclusive use or any expenses you paid on the property (receipts, photographs, witnesses) in case the court must decide on rent or contributions.
- Do not attempt self-help eviction; Michigan law prohibits forcibly removing someone without a court order. Use legal process to avoid criminal or civil liability.
- Consult a Michigan attorney experienced in probate/real estate to assess whether re-titling, probate actions, or a partition suit best fits your goals.