How to File a Partition Lawsuit in Michigan Over Inherited Property

Filing a Partition Action in Michigan: What It Is, How It Works, and What to Expect

When you inherit a home with siblings or other family members, things don't always go smoothly.

Emotions are high, memories are involved, and decisions about the property can turn into serious disagreements. If one sibling refuses to sell the house or cooperate, it may feel like you're stuck with no way out. That’s where a legal tool called a partition lawsuit comes in.

In Michigan, a partition lawsuit is a court process that allows one co-owner of a property to ask the court to force a sale or division of the inherited real estate.

It's not the first option we recommend — it can take time and strain family ties — but if all else fails, it’s a path to resolution.

This legal option is available when all other attempts at cooperation have failed.

Here’s how partition lawsuits work in Michigan and what you need to know before you go to court.

When to Consider a Partition Action

A partition lawsuit should be considered a last resort, but in some situations, it's the only way forward. Common reasons to consider this legal route include:

A sibling refuses to list or show the property.
One co-owner is living in the home rent-free and won’t leave.
Family members disagree on the value of the home or who should get what share.
Ongoing disputes about taxes, maintenance, or responsibility.

When a simple disagreement turns into a roadblock that prevents selling or using the property fairly, a partition action can create a legal path to resolution.

Who Can File a Partition Lawsuit in Michigan?

Under Michigan law, any co-owner of a property can file a partition action.

This includes siblings who inherited a house as tenants in common, heirs listed in a will or trust, and even individuals who were deeded a share of the property later. You don’t have to live in the home or be involved in daily upkeep to have legal standing.

The important thing is that you are a co-owner on the title or a legally recognized heir.

Whether you own 50%, 10%, or even a smaller portion, you still have the right to ask the court to intervene if the other owners won’t cooperate.

Steps to File a Partition Action in Michigan

Here’s how the partition process typically works in Michigan:

1. Hire a Real Estate Attorney Start by speaking with a Michigan-based real estate or probate attorney who has experience with partition lawsuits. They can confirm your ownership rights and guide you through what to expect.

2. File a Complaint with the Circuit Court Your attorney will draft and file a formal complaint with the circuit court in the county where the property is located. This starts the legal process.

3. Serve the Other Owners All other co-owners must be served with legal notice of the complaint. This gives them a chance to respond or dispute your request.

4. Property Evaluation The court may appoint a referee or appraiser to determine whether the property can be divided physically (called "partition in kind") or must be sold and the proceeds split ("partition by sale").

5. Court Decision In most Michigan cases, the court orders the house sold and the profits divided based on ownership shares. If someone wants to buy out the others, the court may allow that as well.

This process can take 3 to 12 months depending on court scheduling, disagreements among parties, and how quickly the property can be sold.

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How the Court May Divide or Sell the Property

In theory, the court has two ways to resolve a partition action:

Partition in Kind: The property is physically divided among the owners. This rarely applies to single-family homes in Michigan.
Partition by Sale: The court orders the home to be sold and the proceeds divided. This is the most common outcome.

Once the sale is completed, each co-owner receives a portion of the proceeds according to their share of ownership. Any costs related to taxes, repairs, or legal fees may be deducted before the final distribution.

In Michigan, partition actions involving inherited property may fall under the Uniform Partition of Heirs Property Act, passed in 2022 as Public Act 23. This law aims to protect family members who inherit property together by requiring transparency, independent appraisals, and opportunities for co-owners to buy out others before a court-ordered sale.

Cost, Time, and Emotional Considerations

Filing a partition lawsuit isn’t free, and it comes with financial and emotional costs. Legal fees in Michigan often range from $2,000 to $10,000+, depending on complexity and how contentious the case is. Court filing fees and property appraisals add to the total.

Emotionally, these lawsuits can cause long-term damage to family relationships. Some siblings stop speaking for years. Others regret not seeking compromise earlier. That’s why it’s important to try communication or mediation before filing.

Still, when a sibling flatly refuses to sell and you have no other recourse, a partition action can provide closure and unlock the equity that would otherwise be trapped.

"When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”

Michelle L. - Michigan

Your Options If You Don’t Want to File

Not everyone wants to go to court. Here are some alternatives:

Mediation: A neutral third party helps resolve disagreements without going to court.
Buyouts: If you have the means, you may offer to buy your sibling’s share.
Sell Your Share: In Michigan, it is legal to sell your ownership interest in a property to a third party, including an investor like us.
Sell the Home Together: If emotions cool, you may be able to list the home and sell it as a team.

You don’t have to stay stuck. If you’re open to solutions outside of court, Dennis Buys Houses can help evaluate your options.

FAQ: Partition Lawsuits in Michigan

Can I file a partition lawsuit if I only own part of the house?
Yes. In Michigan, even a partial owner has the legal right to file for partition.

How much does it cost to file a partition lawsuit in Michigan?
Costs vary, but legal and court fees often total between $2,000 and $10,000 or more.

How long does a partition lawsuit take in Michigan?
It typically takes 3 to 12 months, depending on the complexity and cooperation of the co-owners.

Is there a way to avoid going to court?
Yes. Mediation, buyouts, or working with a direct buyer like Dennis Buys Houses can help you avoid court entirely.

What if the house is in a trust? Can I still file?
If you’re a beneficiary and the trust allows for distribution or sale, legal remedies may still be available. A probate or trust attorney can advise.

See why so many people recommend us...

“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”

Michelle L. - Michigan

“Thanks for buying my Mother’s home. It was a big help that you were able to buy it without us having to clean it out and get it ready to sell. My mother had accumulated lots of stuff and after the stress of her long illness I was exhausted and I dreaded dealing with all of it. I also liked it that you gave me a very fair price for the home. I’m on a fixed income and that really helped a lot.”

Henry G. - Michigan

“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”

Claudia and Nancy M. - Michigan

Diagram: How Partition Lawsuits Work in Michigan

Flowchart showing steps in a Michigan partition lawsuit: attempt negotiation or mediation, file partition lawsuit in court, court determines division or sale, property is divided or sold.

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