Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When relatives co-own land in Michigan and cannot agree on its use or division, one or more co-owners can file a partition action in the county circuit court. This process is governed by Michigan Compiled Laws Chapter 559 (Action for Partition): MCL 559.101–559.144. Below are the key steps.
Step 1: Identify Co-Owners and Interests
Obtain a certified copy of the property deed to list all co-owners (relatives) and their ownership shares. Confirm each name and the legal property description.
Step 2: Attempt a Voluntary Agreement
Michigan courts favor settlement. Before filing, try negotiating a division plan or buyout. Document all offers and communications to show good faith.
Step 3: Draft and File the Partition Petition
- Complaint for Partition: Prepare a petition under MCL 559.101 citing all co-owners as defendants.
- Required Contents:
- Names and addresses of each co-owner.
- Complete legal description of the property.
- Ownership interests of each party.
- Relief sought: physical division or sale.
- Follow Court Rules: Comply with Michigan Court Rules (MCR) 2.501–2.504 for pleadings and service.
Step 4: Service of Process
File the petition with the circuit court clerk and pay the required filing fee. Serve each co-owner with a summons and copy of the petition according to MCR 2.105. Maintain proof of service for the record.
Step 5: Partition by Commissioners or Sale
If the court orders a physical division, it will appoint impartial commissioners to allocate land equitably. If division is impractical, the court orders a public sale and divides the proceeds among co-owners according to their interests.
Step 6: Report and Final Decree
Commissioners file their report with the court detailing the division or sale results. After court review and any objections, the judge issues a final decree of partition, directing distribution of titles or funds.
Helpful Hints
- Verify the legal description using a recent title search to uncover liens or easements.
- Consider mediation to reduce time and legal fees.
- Use local circuit court websites to download approved partition forms.
- Keep meticulous records of all communications and filings.
- Be aware of deadlines for responding to motions and commissioner reports.