How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Michigan
Detailed Answer When two or more co-owners enter a joint sale agreement for real estate in Michigan, they share carrying costs such as mortgage payments, property taxes, insurance premiums and maintenance expenses. If one co-owner fronts these costs, Michigan law permits that co-owner to recover their fair share from the non-paying co-owner through an equitable […]
Read article →What rights do co-owners have in Michigan when one heir wants to live in inherited property and another wants to sell?
Disclaimer: This article provides general information under Michigan law. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When heirs inherit real estate in Michigan without specifying shares, they typically hold the property as tenants in common. Each co-owner owns an undivided interest in the whole […]
Read article →What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in Michigan?
Detailed Answer Under Michigan law, a partition action divides co-owned real property fairly. These actions follow Michigan Compiled Laws, sections MCL 600.3201 through 600.3277. A court-appointed commissioner handles the physical or sale partition process when owners cannot agree on terms. Below are the steps to initiate or consent to such an action. 1. Evaluate Ownership […]
Read article →What options exist under MI law if co-owners cannot agree on a buyout price, including court-ordered partition or sale?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer When co-owners of property in Michigan cannot agree on a fair buyout price, Michigan law offers several routes to resolve the dispute. You can pursue voluntary methods or turn […]
Read article →How to Force Sale of Property Through a Partition Hearing in Michigan
Detailed Answer A party can force the sale of jointly owned real estate in Michigan by filing a partition action in circuit court. Under Michigan’s statutes, any co-owner—whether a tenant in common or joint tenant—may seek to divide or sell the property. The principal statute is MCL 600.3301, which authorizes a court to adjudicate ownership […]
Read article →How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in Michigan?
Detailed Answer When two or more parties own real estate together in Michigan and cannot agree on its use or disposition, they may file a partition action in circuit court. Under Michigan law, this process lets a judge force a fair division or sale of the property. The governing statutes begin at MCL 600.3301. 1. […]
Read article →How Do Existing Mortgage Obligations Affect the Sale and Division of Proceeds in a Partition in Michigan?
Disclaimer: This article educates readers on Michigan partition law and does not provide legal advice. Consult a qualified attorney for guidance on your specific case. Detailed Answer When co-owners cannot agree on dividing a jointly owned property, Michigan’s Partition of Real Estate Act (MCL 600.3101 et seq.) governs the process. This section explains how existing […]
Read article →What Legal Options Exist if Michigan Co-Owners Cannot Agree on Sale Logistics or Cost Sharing?
Detailed Answer When co-owners of real property in Michigan can’t agree on how to sell the property or share costs, state law offers formal and informal pathways. This guide explains each option under Michigan law. 1. File a Partition Action Under Michigan Compiled Laws Section 600.3201, any co-owner may ask the circuit court to divide […]
Read article →Can I partition property that I owned with my spouse after separation but before divorce in Michigan?
Detailed Answer Under Michigan law, property you and your spouse acquire during marriage is generally marital property. For real estate, married couples usually hold title as tenants by the entirety. This special form of ownership creates a single legal entity with rights of survivorship. You cannot unilaterally partition or divide property held by the entirety […]
Read article →What Steps Are Required to Schedule a Hearing in a Partition Action in Michigan After the Response Period Has Ended?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Michigan law, partition actions are governed by MCL 600.2701 and the Michigan Court Rules at MCR 3.206. Once all parties have been served and the response period has ended, follow these steps to schedule a hearing: Check for […]
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