Short answer

If someone asks a Michigan court to order the house sold but does not propose buyout terms, you still have options. You can oppose the sale, ask the court to set buyout or co‑owner purchase procedures, file a counter‑motion for a buyout or for partition on specific terms, seek an appraisal and accounting, or negotiate a settlement. How you proceed depends on whether the case is a divorce (equitable distribution) or a partition action between co‑owners.

Detailed answer — step by step (what Michigan law lets you do and what to expect)

Below is a practical, plain‑English guide to your options and likely court processes under Michigan law. This is general information only and not legal advice.

1) Identify the type of case

The court’s procedures and remedies differ depending on the context:

• Divorce or family court: the court divides marital property under Michigan’s divorce rules and equitable distribution principles. The judge can award the house to one spouse, order a buyout, or order sale and split the proceeds.
• Civil partition action or co‑owner dispute: a co‑owner may file a partition action asking the court to sell the property and distribute proceeds. Michigan courts can order a sale when co‑owners cannot agree.

2) Immediate procedural responses you can take

If you were served with a motion or complaint seeking sale only, you should act quickly:

• File a written response or answer on time. Missing a deadline can limit your options.
• File a counter‑motion or cross‑claim requesting a buyout, a partition in kind (rare for houses), or a valuation method for a buyout.
• Ask the court for temporary relief if needed (for example, to stop a creditor sale, preserve possession, or keep utilities on).

3) Ask for an appraisal and an accounting

Whether in divorce court or a partition case, you can ask the court to order:

• An independent appraisal or appraisal process so the court can determine fair market value.
• An accounting of mortgages, taxes, liens, unpaid bills, and improvements so the court can calculate net sale proceeds or each party’s equity share.

4) Ask the court to set buyout procedures

If you want to keep the house, ask the court to set a buyout procedure. Typical methods the court may use include:

• Ordering one co‑owner to pay the other co‑owner the fair market value of that person’s share (often based on an appraisal).
• Setting a bidding process: the property is listed for sale, then co‑owners get the first chance to bid or match offers; the highest qualifying bid wins.
• Requiring a lump‑sum payment or court‑supervised financing terms (the court can attach conditions or deadlines).

5) If the court orders sale, understand the sale process and your rights

When the court orders a sale, expect the judge to direct how the sale will proceed:

• The court may appoint a commissioner or referee to sell the house under court supervision.
• Sale costs, mortgage payoffs, liens, and taxes are typically paid from sale proceeds before distributing net proceeds to owners.
• Proceeds are divided according to ownership shares after adjusting for contributions, liens, and equitable credits (for example, one owner paying the mortgage or making improvements).

6) Consider settlement and buyout alternatives

Many disputes end in settlement because litigation is costly. Practical settlement options include:

• Negotiating a purchase price based on an appraisal and arranging financing (refinance or cash‑out) so one owner buys the other out.
• Agreeing to a staggered buyout or promissory note secured by the property.
• Listing the house and agreeing on minimum acceptable sale terms and distribution of net proceeds.

7) Practical evidence and documents to prepare

Gather documents early to support your position:

• Deed and title documents showing ownership shares.
• Mortgage statements, tax records, HOA statements, insurance bills, repair invoices, and proof of improvements.
• Appraisals or market analyses, if available. If not, ask the court for an appraisal order.

8) If you owe mortgage or creditors are involved

Remember that existing mortgages and liens survive a court‑ordered sale. The lender’s mortgage must be paid from sale proceeds or the buyer must assume it. If a creditor initiates foreclosure, you may need to coordinate foreclosure defense or payoff arrangements with the partition or divorce process.

9) Legal representation and timing

Consult an attorney early. An attorney can:

• File timely pleadings and motions to preserve rights.
• Negotiate buyout or sale terms and represent you at settlement conferences or hearings.
• Help calculate credit adjustments (e.g., who paid mortgage or repairs) that affect distribution.

10) Michigan law resources

Michigan courts handle partition and property distribution matters. For statutory and procedural research, use the Michigan Legislature and Michigan Courts websites:

• Michigan Legislature home: https://www.legislature.mi.gov
• Michigan Supreme Court and trial court procedural information: https://courts.michigan.gov

These sites contain statutes and court rules that govern property division and partition proceedings.

Helpful hints

• Act fast. File your response within the court’s deadline to avoid losing procedural protections.
• Get an independent appraisal before negotiations if possible. A neutral valuation strengthens buyout or opposition arguments.
• Track who paid mortgages, taxes, insurance, and repairs. Courts often adjust distributions for these contributions.
• Consider temporary orders about possession and who pays ongoing bills while the dispute is pending.
• If you want the house, line up financing options (refinance, loan, or family funds) so you can present a realistic buyout plan.
• Don’t agree to a sale without knowing net proceeds: obtain a payoff figure for the mortgage and any junior liens first.
• Explore mediation. Courts often encourage or require mediation in property disputes; mediation can produce faster, cheaper outcomes.