What Happens If One Heir Refuses to Sell a House in Michigan?

Your Legal Options When a Co-Heir Won’t Cooperate with Selling Inherited Property

When a loved one passes away and leaves a home to multiple heirs, each person becomes a co-owner of the property. In Michigan, inherited real estate is typically held as tenants in common, which means each heir owns a specific percentage of the property — not a specific part of the home itself.

For example, if three siblings inherit a house equally, each owns one-third of the whole property.

This setup allows all heirs to use and access the property equally. However, it also means no single person can make major decisions — like selling the home — without the others' agreement or a court order. Disagreements can easily arise, especially if one heir lives in the house, refuses to sell, or is emotionally tied to the property.

Unfortunately, this kind of shared ownership can become a legal and emotional stalemate.

Understanding your rights and options under Michigan law is the first step to resolving the situation peacefully — or, if necessary, legally.

Why Would an Heir Refuse to Sell?

When one heir refuses to sell an inherited home, it can feel frustrating — especially if others are ready to move on. But in many cases, the refusal isn’t purely about money. Understanding why an heir is saying “no” is a critical step in finding a solution.

Here are some of the most common reasons an heir may refuse to sell:

Emotional attachment: The property might represent memories, family history, or connection to a lost parent or grandparent.
Living in the home: If an heir is occupying the property, they may fear being displaced or not having a place to live after the sale.
Disagreements over value: Some heirs may think the home is worth more than what’s being offered, leading to mistrust or refusal to move forward.
Family conflict: If there’s tension among siblings or heirs, decisions about money and real estate can quickly become battlegrounds.
Fear of being taken advantage of: Without clear communication, some heirs may feel uncertain or distrustful of the sale process.

These reasons don’t excuse holding up the entire process — but they can help explain the resistance. In many cases, simply talking through concerns, sharing professional appraisals, or offering to buy out the heir’s share can help move things forward.

📚 External resource: Michigan Legal Help – Jointly Owned Property
🔗 Internal resource: How to Sell Your Share of an Inherited House in Michigan

Try Communication and Mediation Before Legal Action

Before rushing to court, it’s almost always worth trying to talk things out. Many inheritance disputes — even tense ones — can be resolved with better communication or neutral third-party help.

Here are your best first steps:

✅ 1. Have a direct conversation

Sometimes, the heir refusing to sell just needs to be heard. Try setting up a calm discussion with all co-owners. Clarify goals, timelines, and the reasoning behind wanting to sell. Use facts — like current market value, property condition, or holding costs — to keep the conversation grounded.

✅ 2. Offer a buyout

If finances allow, offer to purchase the other heir’s share of the property. This approach lets them walk away with cash — and you take full control of the home. Use a third-party appraisal to agree on a fair value.

✅ 3. Use mediation services

If talks break down or emotions are running high, consider professional mediation. In Michigan, community mediation centers help families work through real estate disputes affordably and confidentially.

👉 Michigan Community Dispute Resolution Program – Official Info

Mediation is faster and less expensive than a lawsuit — and it helps avoid further damage to family relationships. If successful, the agreement can even be made legally binding.

🔗 Helpful internal reading: Selling Inherited Property with Siblings in Michigan
📘 More resources: Michigan Legal Help – Resolving Property Problems

"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

Filing a Partition Lawsuit in Michigan — Your Legal Right as a Co-Owner

If all else fails and one heir still refuses to sell, Michigan law gives you a legal option: filing a partition lawsuit. This is a formal legal process that allows any co-owner of a property to ask the court to divide or sell the property when the other co-owners don’t agree.

Here’s how partition works in Michigan:

🔹 What is a partition action?

A partition lawsuit is filed in the circuit court in the county where the property is located. It asks the judge to either:

Order the sale of the home and divide the proceeds according to ownership shares, or
In rare cases, physically divide the property (this usually applies to land, not houses)

For most residential homes, the court will order a sale — even if one heir is living in the home or refusing to cooperate.

🔹 Can the court force a sale?

Yes. Under Michigan Compiled Laws § 600.3304,the court has authority to:

Appoint a referee to oversee the process
Approve a sale through public auction or private agreement
Distribute proceeds after paying off debts, liens, and legal costs

If the property is occupied, the court can also issue orders regarding temporary use or eviction as part of the process.

🔹 Who pays the legal costs?

Court fees, appraisal costs, and attorney’s fees are often taken out of the sale proceeds before the money is divided among the heirs.

👉 Step-by-step breakdown: How to File a Partition Lawsuit in Michigan

📘External guide: Michigan Legal Help – Partition and Property Division

What to Expect from the Partition Process

If you decide to pursue a partition action in Michigan, it’s important to know what the process actually looks like. While it offers a legal path to resolution, it also involves several steps — and potential delays — along the way.

Here’s what you can expect during the partition lawsuit process:

📝 1. Filing the Complaint

The process starts when you (or your attorney) file a complaint for partition in the circuit court of the county where the home is located. You’ll name the other co-owners as defendants.

📬 2. Serving Legal Notice

Each heir must be officially notified. They’ll have a chance to respond and potentially contest the case. This step is required, even if you’ve already discussed the sale informally.

⚖️ 3. Court Hearings and Case Management

The court may schedule one or more hearings. A judge will review the ownership structure, hear arguments, and determine the best outcome — often a forced sale. In some cases, a referee may be appointed to oversee the sale process.

🏡 4. Appraisal and Sale

If the court orders a sale, the property will usually be appraised and listed for sale — either publicly or privately. The method of sale depends on what the court deems fair and efficient.

💵 5. Distribution of Proceeds

Once the home is sold, proceeds are distributed based on each heir’s ownership percentage. However, costs like court fees, attorney expenses, and any liens or taxes are paid first.

💡 Partition is a powerful tool for breaking a deadlock — but it’s not always quick or painless. Many cases take several months or more, depending on complexity and cooperation.

📚 Related reading: Selling Inherited Property with Siblings in Michigan
📘 External resource: Michigan Courts – Understanding Civil Court Processes

Gloria B. - Clinton Township, Michigan

“Thank you for contacting me. I didn’t know what I was going to do with this house"

Weighing the Financial and Emotional Costs of Partition

While a partition lawsuit can break the deadlock when one heir refuses to sell, it’s not without downsides. Many families pursue this option only after other paths — like negotiation or mediation — have failed.

Before filing, it’s important to understand the true cost of going to court:

💸 Financial Costs

Attorney fees: Hiring a probate or real estate attorney can cost thousands of dollars, especially if the case is contested.
Court and filing fees: Circuit court costs vary by county, but they add up quickly — especially with multiple filings or hearings.
Sale-related expenses: Appraisals, real estate agent commissions, closing costs, and taxes all reduce the final amount heirs receive.
Shared burden: These costs typically come out of the sale proceeds, meaning everyone walks away with less equity.

💔 Emotional and Relationship Strain

Legal conflict between family members can lead to long-term resentment or estrangement, especially between siblings.
The process itself is stressful, time-consuming, and can keep you tied to a property you’re trying to move on from.
If one heir is still living in the home, the case may involve eviction proceedings — which can further escalate emotions.

For these reasons, many heirs view partition as a last resort — not a first step. However, if you’ve exhausted all other options and your equity is tied up in a property you can’t sell, it may be the only way to reach resolution.

📘 External link: Michigan Legal Help – Partition and Real Property Disputes
🔗 Helpful internal guide: How to Sell a House in Probate in Michigan

Are You Trying to Understand Your Options?

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Alternatives to Court — Practical Solutions That May Save Time and Stress

Even if a partition lawsuit is an option, many heirs are relieved to find there are less confrontational ways to resolve disagreements over inherited property. Depending on your situation, these alternatives may save you time, money, and family relationships.

🔁 1. Buyout Agreements

If one heir wants to keep the home and the others want to sell, a buyout can be a simple, legal solution. Here’s how it works:

The interested heir agrees to purchase the other heirs’ shares at fair market value.
A professional appraisal is recommended to set a price everyone can agree on.
Buyout terms can be flexible — some heirs even finance the purchase with a private agreement or refinance loan.

🤝 2. Sell and Split Proceeds

If no one wants to live in or maintain the property long term, a group sale is often the cleanest solution. Selling the house and splitting the proceeds proportionally can be the most efficient — and least stressful — option.

This approach is faster and avoids court involvement altogether. Just make sure all heirs are on board and sign the necessary documents.

🧾 3. Formal Co-Ownership Agreements

In rare cases, heirs choose to hold the property jointly and treat it as a long-term rental or investment. If you go this route:

Draft a formal agreement covering responsibilities, profit-sharing, repairs, and exit strategies.
Keep in mind: unresolved tension can quickly turn this arrangement into a legal mess.

Heirs should consult with a probate attorney or financial advisor before choosing a shared ownership path.

📘 Helpful resource: FindLaw – Difference Between Joint Tenancy and Tenancy in Common
🔗 Internal reading: How to Sell Your Share of an Inherited House in Michigan

How Long Does It Take to Resolve a Dispute Over an Inherited House?

One of the most common — and frustrating — parts of dealing with a difficult heir is how long everything takes. When one person delays or refuses to cooperate, the entire process can slow to a crawl. Here's what you need to know about the potential timeline in Michigan.

⏳ If the Heirs Agree to Sell

Once everyone signs off, a property can typically be listed and sold in 30 to 90 days, depending on market conditions.
Closing can move quickly, especially if the property is sold as-is for cash to a local buyer like Dennis Buys Houses.
This is the fastest and most cost-effective option.

🕰️ If Negotiation or Mediation is Needed

Mediation may take a few weeks to a few months, depending on how quickly sessions are scheduled and how willing everyone is to compromise.
This route still saves significant time and money compared to court.

⚖️ If a Partition Lawsuit Is Filed

Partition cases in Michigan can take several months to over a year, especially if contested.
Timeline factors include:
- Court availability and scheduling delays
- Whether an appraisal or referee is needed
- Complexity of the family dynamic and legal objections
Remember, while you're waiting, maintenance costs, property taxes, and insurance continue to accrue.

The longer the property sits, the more value can be lost through carrying costs and market fluctuations. That’s why many heirs seek fast, fair resolutions before court becomes the only option.

📚 Related guide: What Happens When a House Sits Vacant in Michigan?
📘 External resource: Michigan Courts – Forms for Self-Represented Litigants

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.”

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We Help Michigan Families Navigate These Situations Every Day

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We’re a family-owned, local business with deep roots in the community. Over the years, we’ve helped hundreds and hundreds of homeowners in situations just like yours—whether they’re dealing with delinquent property taxes, foreclosure, or simply needing a fresh start.

If you're dealing with a tough family situation and don’t know where to turn, we’re here to help.

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