Partition Agreement Of Property In Michigan
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LANSING, Mich., Oct. 8, 2024 — State Rep. Emily Dievendorf's (D-Lansing) House Bill 4924 passed the Senate today unanimously with bipartisan support. This legislation creates the Uniform Partition of Heirs Property Act, which will provide additional protections to heirs who inherit property as a tenant-in-common.
LANSING, Mich., Oct. 8, 2024 — State Rep. Emily Dievendorf's (D-Lansing) House Bill 4924 passed the Senate today unanimously with bipartisan support. This legislation creates the Uniform Partition of Heirs Property Act, which will provide additional protections to heirs who inherit property as a tenant-in-common.
A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned property. The sale occurs under court supervision, ending in division of the property or sale proceeds.
The timeline for a partition lawsuit in Michigan can vary significantly depending on several factors, including the complexity of the case, the court's calendar, and whether the partition is contested by any of the co-owners. Typically, the process can take anywhere from a few months to over a year.
"Separate property" includes any asset obtained or earned before the marriage, or any property received through a gift or inheritance at any time.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
Michigan adverse possession law requires possession for 15 years. Someone bought their house last year. "Michigan's adverse possession law, as outlined in Michigan Compiled Laws Ann. § 600.5801(4), allows a person to gain title to another person's land by using it without permission for a minimum of 15 years."
You must meet current ordinance for minimum lot size, unless the lot was plotted prior to 1967 and unchanged from original plot. The petition for the split must be completed and submitted with all required documents in triplicate. The process takes a minimum of 6 to 8 weeks.
