Michigan Partition Warranty Deed
Description
How to fill out Partition Warranty Deed?
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FAQ
Since a partition lawsuit requires court approval, the process takes several months. The Plaintiff must name each co-owner as a party to the lawsuit and follow detailed legal procedures.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
Parties who jointly own acres of farmland, for example, can seek partition so that each winds up with an equal number of acres separately owned. Parties who own land have an absolute right to seek partition of the property unless that right has been restricted by law, written waiver, or a provision in a will.
To legally ?partition? property means to bring a proceeding in court to force the physical division or sale of the property and division of the proceeds among the co owners. In certain cases it can be an absolute right of a co owner while in others it is contingent on various factors.
Typically, the easiest solution to these problems is to sell the family home and divide the proceeds equally amongst the heirs. So long as the property is not underwater in debt, selling the house will give each heir their share of the inheritance and prevent further squabbles.
3.402. Rule 3.402 - Partition Procedure (A) Determination of Parties' Interests. In ordering partition the court shall determine the rights and interests of the parties in the premises, and describe parts or shares that are to remain undivided for owners whose interests are unknown or not ascertained.
A partition action generally takes a year, a half, and two years to reach trial. Sometimes we can do them in less time, but occasionally it takes longer. In addition to how complex discovery is, whether there are discovery disputes, and how the court schedules trials, other factors factor into it.
A Michigan warranty deed provides the new owner with the most protection of Michigan's deeds?covering all potential title problems (unless expressly excluded from the warranty). Other Michigan deeds provide the new owner less protection or no protection against title problems.
