How to File a Partition Lawsuit in Michigan When a Sibling Won’t Sell Inherited Property
Filing a Partition Action in Michigan: What It Is, How It Works, and What to Expect
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If your sibling is refusing to sell an inherited home — or won’t agree on what to do next — you might feel stuck with no way forward.
In Michigan, co-owners of a property (like siblings who inherited a home together) have the legal right to force a sale through something called a partition action.
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.
Here’s how partition lawsuits work in Michigan and what you need to know before you go to court.
Step 1: Try All Other Options First
Courts want to see that you’ve tried to resolve the issue outside of court.
If you haven’t already, consider talking with your sibling again, proposing a buyout, or exploring selling your share to a professional buyer.
Partition lawsuits are serious and should be a last resort.
Step 2: Consult a Real Estate Attorney
A partition lawsuit is a legal process, and you’ll need a Michigan attorney who understands real estate and inheritance law.
They’ll help you determine if a partition is possible and what outcome you can expect.
Gloria B. - Clinton Township, Michigan
“Thank you for contacting me. I didn’t know what I was going to do with this house"
Step 3: File the Lawsuit in the Right County
Your attorney will file a complaint for partition in the circuit court of the Michigan county where the property is located. The court filing will include:
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Who owns the property
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How ownership is divided
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That you’re requesting the court to force a sale or physical division
Step 4: Notify the Other Owners
Once the lawsuit is filed, the other co-owners (your siblings) must be officially notified.
This gives them a chance to respond or contest the case.
Step 5: Wait for the Court’s Decision
The judge will review the case and decide how to proceed. There are usually two outcomes:
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Partition by Sale — the judge orders the property to be sold and the proceeds split
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Partition in Kind — the judge physically divides the property (rare for single homes)
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Step 6: Sell the Property (If Ordered)
If the judge orders a sale, the court may appoint a referee, real estate agent, or public auctioneer to handle it.
The proceeds are then distributed among the co-owners according to their share.
Step 7: Pay Legal Fees and Court Costs
The costs of a partition lawsuit in Michigan can add up.
Attorney’s fees, court filing fees, appraisal costs, and more may be deducted from the proceeds of the sale before anything is distributed.
Is Filing a Partition Lawsuit in Michigan Worth It?
Sometimes, yes. If your sibling refuses to cooperate and won’t consider reasonable options, this may be the only way to move on. But it’s usually a long and emotional process.
We recommend exploring other paths first — like selling your share directly to a local cash buyer. At Dennis Buys Houses, we’ve helped many Michigan families resolve inherited property issues without going to court.
Need help avoiding court and selling your share fast? We’re here to talk.
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We Help Michigan Families Navigate These Situations Every Day
At Dennis Buys Houses, we’re not just cash buyers — we’re trusted problem-solvers who help Michigan families find real answers during difficult times. We understand how complicated it can be when one sibling wants to sell an inherited home and the others don’t. We’ve helped people just like you:
- Sell inherited homes as-is — even with a sibling still living inside
- Settle estates without the drama
- Avoid court by creating fair, fast solutions everyone can live with
If you're dealing with a tough family situation and don’t know where to turn, we’re here to help. Whether you're ready to sell now or just want to explore your options, we’ll listen first — and guide you from there.
Start here:
- Learn how we buy houses in Michigan: How It Works
- See what makes us different: Why Choose Us
- Ready to get a cash offer? Contact Us Today
No pressure. No judgment. Just real help when you need it.
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
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Frequently Asked Questions
Selling Inherited Property with Siblings in Michigan
What if my sibling won’t agree to sell the inherited house?
We deal with this exact situation all the time. If your sibling is refusing to sell, we can help you explore legal and practical options — including selling your share or buying out your sibling.
Can I sell my share of inherited property if my sibling wants to keep the house?
Yes, in most cases you can. We’ve helped many people in Michigan sell their portion of an inherited home — even when another sibling still lives there.
Do all siblings have to agree to sell an inherited home in Michigan?
Ideally, yes — but it’s not always required. If one or more siblings won’t cooperate, there are still ways forward. We can help you navigate the process and find a solution that works.
Can Dennis Buys Houses help even if one sibling lives in the house?
Yes! We specialize in buying inherited homes — even when someone’s still living there. We’ll work with your family to create a respectful, fair solution.
Will I have to go to court to sell the house if we can’t agree?
Not always. A partition lawsuit is a last resort, and we can often help you avoid it. We’ll show you all your options first — including ways to sell without court involvement.
Do you buy inherited houses as-is, even with damage or personal items inside?
Yes, we buy homes in any condition. No need to clean, repair, or remove anything. We make the process simple and stress-free.
How fast can you buy our inherited house in Michigan?
We can usually close in as little as 7–10 days. If you need more time to work things out with your siblings, we can move at your pace.
Do I need a lawyer to sell inherited property with siblings?
Not always, but we recommend getting legal advice in complex situations. We also work with local attorneys and can connect you to trusted professionals if needed.
What if the house is still in probate?
That’s okay — we’ve helped many families sell homes still in probate. We can guide you through the process or refer you to someone who can.
How do I get started if I want to talk about my options?
Just contact us — no pressure, no obligation. We’ll listen, learn about your unique situation, and walk you through what’s possible. We’re here to help, not to sell.