Detailed Answer — How a Michigan court can force the sale of jointly owned real property
When co-owners (joint tenants or tenants in common) cannot agree about keeping or dividing property, Michigan law allows one or more owners to ask the court to divide the property or sell it and split the proceeds. This court process is called a partition action. The court prefers a physical division (“partition in kind”) when it is practical, but it will order a sale (“partition by sale”) when division in kind is not feasible or would be unfair. If the other co-owners won’t make buyout offers, you can still obtain a forced sale through this procedure.
Who can file
Any person with an ownership interest in the property (including record owners and, in many cases, lienholders or mortgagees) may file a petition for partition in the circuit court where the property is located. The court will require that all parties with a recorded interest in the property be named so their rights are preserved.
Typical court steps in Michigan
- File a complaint for partition. You file in the circuit court for the county where the property is located and serve all co-owners and known lienholders.
- Plead the request for relief. Ask the court for partition in kind and, alternatively, for partition by sale if division in kind is impractical.
- Notice and response period. Co-owners can answer the complaint and assert defenses or counterclaims (for example, that division in kind is practical or that the plaintiff has unclean hands).
- Evidence and possible appraisal. The court may order appraisals, surveys, and reports showing whether the property can be divided without unfairly reducing value.
- Commissioner or master appointed. If the court approves partition, it may appoint a commissioner, viewer, or referee to make practical arrangements for dividing land or selling it, including managing the sale process.
- Partition in kind or sale. If the property can be physically divided fairly, the court may order a partition in kind and direct how to adjust for unequal values. If the court finds division impractical or inequitable, it will order a partition by sale and direct how the sale should proceed (public auction, court-ordered sale, or private sale under court supervision).
- Payment of liens and costs, distribution of proceeds. From sale proceeds the court will pay valid liens, costs of sale (including commissioner or real estate commission), and then distribute the remainder according to ownership shares, adjusted for any court-ordered credits (for improvements, waste, or unequal contributions).
When the court will order a sale instead of division in kind
The court considers whether a fair division is practical. Typical reasons a sale is ordered include:
- The property is a single-family home on one lot that cannot be divided into separate, marketable parcels.
- Physical division would significantly reduce value for all owners.
- Unequal use, improvements, or access make an in-kind split impossible or inequitable.
Even where a division might be theoretically possible, the court may still order a sale if dividing will cause substantial prejudice to one or more parties.
What to do if co-owners refuse to make buyout offers
- File the partition action anyway. Request relief asking for partition in kind and, alternatively, a sale. If the other owners refuse to buy you out, the court can still proceed to a sale.
- Seek an appraisal or market valuation. A current appraisal helps the court decide whether to divide or sell and supports your valuation if you later seek a buyout price or credit.
- Ask the court to set a timeline. You can ask the court to require a short period for other owners to make a buyout offer before ordering a sale.
- Request a court-supervised sale method. If the court orders a sale, it will set how the sale happens (public auction or private sale with court approval) and how proceeds are handled.
- Preserve your costs and claims. Document any money you invested, repairs you paid for, rent or occupancy arrangements, and any waste or damage; the court may account for these when dividing proceeds.
Practical consequences and considerations
– Costs: Partition actions involve court filing fees, appraisal and survey fees, attorney fees, and sale costs. Those costs generally come out of the sale proceeds before distribution.
– Liens and mortgages: Outstanding mortgages and liens are paid from proceeds according to priority. A lienholder should be named in the suit so the sale clears title properly.
– Timing: A straightforward partition may take several months. Complex cases (multiple owners, disputes over contributions or liens) can take longer.
– Tax and financial consequences: Sale proceeds may trigger capital gains tax or affect other tax matters. Consult a tax advisor.
Michigan statutes and authorities
Michigan law governs partition actions through the statutes that set out the procedures for partition and sale. For the statutory framework, see the relevant Michigan Compiled Laws (for example, provisions describing partition actions and sales) at the Michigan Legislature website: MCL 600.3301 et seq.. (Search within the Michigan Compiled Laws for the sections on partition to identify the precise provisions applicable to your matter.)
Note: statutory citations can be technical. An attorney can identify exact code sections that apply to your situation and help you draft the complaint and requests for relief in the correct form.
Helpful Hints
- Get a current professional appraisal before filing. A solid valuation strengthens your position and helps the court decide between division or sale.
- Run a full title search. Name every owner and recorded lienholder in the complaint to avoid later delays.
- Ask the court for a short “buyout window.” Request that the court give co-owners a short deadline to present a bona fide buyout offer before the sale proceeds.
- Consider mediation or settlement first. Courts often favor negotiated buyouts because they save costs and time.
- Document contributions and expenses. Keep receipts for repairs, taxes, and improvements—these may result in credits at distribution.
- Be prepared to cover interim costs. Property taxes, insurance, and maintenance continue during the case; the court may allocate these costs later but you may need to pay them now.
- Understand the distribution order. Mortgage and tax liens are paid first, then costs of sale and court costs, then remaining balance is divided by ownership share (subject to court adjustments).
- Talk to a Michigan real estate attorney. They can prepare the complaint, ensure proper service, request appropriate relief, and explain local court practices.
Quick checklist before filing: ownership documents (deed), mortgage/loan info, copies of title search, appraisal (if available), list of co-owners and addresses, records of contributions or repairs, and an estimate of desired relief (division in kind or sale).
Short disclaimer
This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a qualified Michigan attorney who can analyze the facts and statute authorities that apply to your case.