A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
A Michigan Complaint for Partition of Real Property is a legal document filed with the court to request the division or sale of jointly-owned real estate. This complaint aims to resolve disputes among co-owners or tenants-in-common regarding the usage, management, or disposition of the shared property. Keyword: Michigan Complaint for Partition of Real Property Partition actions in Michigan can be filed under two main categories: 1. Physical Partition Complaint: This type of complaint seeks to physically divide the property into separate portions, allocating each co-owner or tenant-in-common an exclusive portion. Physical partitioning may be feasible if the property can be divided without significant harm or decrease in its value. 2. Forced Sale Complaint: In situations where a physical partition is impracticable or not in the best interest of the parties involved, a forced sale complaint is filed. This complaint requests the court to order the sale of the property and divide the proceeds among the co-owners or tenants-in-common based on their rightful interests. Other relevant keywords: real estate disputes, co-ownership disputes, partition litigation, joint property division, joint property sale, property rights, tenants-in-common, equitable division, real estate litigation.
