Partition Action Complaint - Michigan

COMPLAINT FOR PARTITION OF REAL PROPERTY — MICHIGAN

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Subject Property
4. The Cotenancy and Respective Shares
5. Nature of Title and Entitlement to Partition
6. Liens and Encumbrances
7. Count I — Partition under MCL § 600.3304 et seq.
8. Count II — Michigan Uniform Partition of Heirs Property Act
9. Count III — Accounting Among Cotenants
10. Appointment of Partition Commissioners
11. Service on Unknown Cotenants
12. Prayer for Relief
13. Signature Block
14. Verification
15. Certificate of Service
16. Michigan Practice Notes
17. Sources and References

1. CAPTION

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]-CH

COMPLAINT FOR PARTITION OF REAL PROPERTY AND FOR AN ACCOUNTING AMONG COTENANTS

There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in this Complaint. Plaintiff, by and through undersigned counsel, states as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff, [PLAINTIFF'S FULL LEGAL NAME] ("Plaintiff"), resides at [________________________________], [County], [State], and holds an undivided [____]/[____] interest in the Property described below as a [tenant in common / joint tenant].

2.2 Defendant [DEFENDANT COTENANT #1] resides at [________________________________] and holds an undivided [____]/[____] interest in the Property.

2.3 Defendant [DEFENDANT COTENANT #2] is [an individual residing at [________________________________] / a [type] entity with its registered office at [________________________________]] and holds an undivided [____]/[____] interest in the Property.

2.4 The Unknown Defendants are all unknown heirs, devisees, and assigns of [________________________________], deceased (a former record cotenant), and all other persons claiming any undivided interest in the Property, whose identities and addresses cannot be ascertained after diligent inquiry.

2.5 Jurisdiction. This Court has jurisdiction over this partition action pursuant to MCL § 600.3301, which vests the circuit court with jurisdiction to partition lands and provides that partition actions are equitable in nature, and MCL § 600.3304, which authorizes partition of lands held in joint tenancy or tenancy in common.

2.6 Venue is proper in this Court pursuant to MCL § 600.1605(b) because the real property that is the subject of this action is located in [________________________________] County, Michigan.

3. THE SUBJECT PROPERTY

3.1 This action concerns the following real property located in [________________________________] County, Michigan:

Street Address: [________________________________]

Tax Parcel ID: [________________________________]

Title Reference: Recorded in the [________________________________] County Register of Deeds at Liber [____], Page [____] (Instrument No. [________________________________]).

Legal Description: See Exhibit "A" attached hereto and incorporated by reference.

3.2 The Property consists of approximately [____] acres / square feet of [residential / agricultural / commercial / vacant] real property, together with all buildings, improvements, easements, and appurtenances (the "Property").

4. THE COTENANCY AND RESPECTIVE SHARES

4.1 The Property is held by the parties as [tenants in common / joint tenants] in the following undivided shares:

4.2 The shares set forth above represent the entire fee simple ownership of the Property. No agreement binding all cotenants governs or restricts partition of the Property.

5. NATURE OF TITLE AND ENTITLEMENT TO PARTITION

5.1 Each party named in Section 4 holds a present, undivided, possessory interest in the Property as a [tenant in common / joint tenant] within the meaning of MCL § 600.3304.

5.2 Under MCL § 600.3304(1), joint tenants and, subject to Chapter 34, tenants in common may have the land partitioned. Plaintiff therefore seeks partition without requiring the consent of the other cotenants.

5.3 The cotenants cannot agree on the use, division, sale, or other disposition of the Property, and judicial partition is necessary.

5.4 Plaintiff seeks partition in kind if the Property can be divided without prejudice to the parties. If the Property cannot be so divided, Plaintiff seeks partition by sale and a division of the net proceeds among the cotenants according to their respective interests.

6. LIENS AND ENCUMBRANCES

6.1 The following mortgages, liens, or other encumbrances appear of record against the Property or an undivided interest therein:

☐ Mortgage: in favor of [________________________________], recorded at Liber [____], Page [____], original principal $[____].

☐ Judgment / Tax Lien: [________________________________].

☐ Other Encumbrance: [________________________________].

☐ None known of record.

6.2 Each holder of a mortgage, lien, or other interest in the Property is joined as a party so that its rights may be protected in the partition and in the distribution of any sale proceeds.

7. COUNT I — PARTITION UNDER MCL § 600.3304 ET SEQ.

7.1 Plaintiff re-alleges and incorporates paragraphs 2.1 through 6.2 above.

7.2 As a cotenant holding an undivided interest, Plaintiff seeks partition of the Property pursuant to MCL § 600.3304 and MCR 3.401-.403.

7.3 If the Property can be divided in kind without great prejudice to the parties, Plaintiff is entitled to a judgment partitioning the Property and assigning to each cotenant a separately titled parcel commensurate with that cotenant's interest, with a money payment (owelty) to equalize any unequal allotment.

7.4 If the Property cannot be partitioned without great prejudice, Plaintiff requests a sale under MCR 3.403 and a distribution of net proceeds according to the interests and adjustments determined by the Court.

8. COUNT II — MICHIGAN UNIFORM PARTITION OF HEIRS PROPERTY ACT

8.1 Plaintiff re-alleges and incorporates paragraphs 2.1 through 7.4 above.

8.2 The Property is "heirs property" within the meaning of MCL § 600.3402 in that: (a) it is held in tenancy in common; (b) there is no agreement in a record binding all cotenants that governs partition; (c) one or more cotenants acquired title from a relative; and (d) [twenty percent (20%) or more of the interests are held by cotenants who are relatives / twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative / twenty percent (20%) or more of the cotenants are relatives].

8.3 Plaintiff requests a determination under MCL § 600.3403 that the Property is heirs property. If the Court so determines, Chapter 34 governs unless all cotenants otherwise agree in a record.

8.4 Plaintiff requests that the Court, in accordance with the Act:

(a) Determine the fair market value of the Property by ordering an appraisal by a disinterested appraiser under MCL § 600.3406, or adopt a value agreed to by all cotenants;

(b) Afford the cotenants who did not request partition by sale the opportunity to exercise the cotenant buyout of the interests of any cotenant who requested partition by sale, under MCL § 600.3407;

(c) If the buyout does not resolve the action, apply MCL §§ 600.3408-.3409, including the statutory great-prejudice standard and all relevant factors; and

(d) If partition in kind is not ordered, direct an open-market sale (or, if more economically advantageous and in the best interest of the cotenants as a group, a sale by sealed bids or auction) under MCL § 600.3410.

9. COUNT III — ACCOUNTING AMONG COTENANTS

9.1 Plaintiff re-alleges and incorporates paragraphs 2.1 through 8.4 above.

9.2 Plaintiff is entitled to an equitable accounting among the cotenants in connection with the partition or sale, adjusting each cotenant's share of the Property or net proceeds to reflect the contributions and offsets below.

9.3 Contributions and credits (in favor of Plaintiff). Plaintiff has paid more than Plaintiff's proportionate share of the following:

9.4 Rents and ouster offsets. [Defendant [________________________________] has been in sole and exclusive possession of the Property since [__/__/____], has excluded Plaintiff (ouster), and/or has collected rents from third parties, and is chargeable with the reasonable rental value and/or net rents in the approximate amount of $[____].]

9.5 Owelty. To the extent a partition in kind results in allotments of unequal value, Plaintiff requests that the Court award owelty to equalize the division.

9.6 Plaintiff requests that the Court determine the net amount due to or from each cotenant after the accounting and adjust the division or distribution accordingly.

10. APPOINTMENT OF PARTITION COMMISSIONERS

10.1 If the Court determines that the premises can be partitioned without great prejudice, Plaintiff requests appointment of a disinterested and impartial partition commissioner under MCR 3.402 and, if Chapter 34 applies, MCL § 600.3405.

10.2 If the Court orders a sale, Plaintiff requests that the Court appoint an appropriate official or commissioner to conduct the sale and distribute the net proceeds in accordance with the Court's judgment and the accounting in Count III. Where the Property is heirs property, any sale shall be conducted in the manner required by MCL § 600.3410.

11. SERVICE ON UNKNOWN COTENANTS

11.1 The identities and addresses of the Unknown Defendants cannot be ascertained after diligent inquiry, including review of probate, land, and assessment records.

11.2 Plaintiff requests an order under MCR 2.105(J) and 2.106 authorizing publication. If ordered, the order is published once each week for three consecutive weeks in the county specified by MCR 2.106(D)(1), and mailed by registered mail, return receipt requested, to each defendant's last known address before the last publication unless the address cannot be found after diligent inquiry.

11.3 If publication is sought and the Court determines that the Property may be heirs property, MCL § 600.3404(2) requires Plaintiff, not later than 10 days after that determination, to post and maintain while the action is pending a conspicuous sign containing the statutory information.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Honorable Court:

A. Adjudge the respective undivided interests of all cotenants in the Property;

B. Order:

☐ Partition in kind of the Property under MCL § 600.3304 and MCR 3.401-.402, with any equalizing payment authorized by applicable law; or

☐ A partition by sale of the Property and division of the net proceeds among the cotenants according to their respective interests;

☐ Determination that the Property is heirs property and application of MCL §§ 600.3401-.3413;

C. Order an accounting among the cotenants for taxes, mortgage payments, insurance, repairs, improvements, rents, and ouster, and adjust the division or distribution accordingly;

D. Appoint commissioners and/or a selling official as appropriate;

E. Award costs and expenses as authorized by MCR 3.402-.403, Chapter 34 if applicable, and other controlling law. If sale is ordered, MCR 3.403(C) authorizes deduction of proceeding costs and expenses, including Plaintiff's reasonable attorney fees as determined by the Court, from sale proceeds;

F. Grant such other and further relief as the Court deems just and equitable.

13. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,
[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME] (P[#####])
[FIRM NAME]
[STREET ADDRESS]
[CITY], MI [ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]
Attorney for Plaintiff

14. VERIFICATION

STATE OF MICHIGAN
COUNTY OF [________________________________]

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing Complaint for Partition; that I have read the Complaint; and that the matters stated therein are true to my own knowledge, except those stated upon information and belief, and as to those I believe them to be true.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public, [________________________________] County, Michigan
My Commission Expires: [__/__/____]

[NOTARY SEAL]

15. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a copy of the foregoing Complaint for Partition and all exhibits upon the parties listed below by [the MiFILE e-Service system / first-class mail / certified mail, return receipt requested / personal service], and upon the Unknown Defendants by publication as ordered by the Court:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]
[ATTORNEY NAME] (P[#####])

16. MICHIGAN PRACTICE NOTES

1. Governing law. Partition is equitable under MCL § 600.3301. MCL § 600.3304 permits joint tenants and, subject to Chapter 34, tenants in common to seek partition. Current partition procedure is MCR 3.401-.403, not an invented MCR 3.401-.414 range.

2. Uniform Partition of Heirs Property Act. 2024 PA 215 added MCL §§ 600.3401-.3413 effective April 2, 2025. It applies to partition actions filed after that date. The court determines heirs-property status; if the status applies, Chapter 34 governs unless all cotenants otherwise agree in a record.

3. Statutory partition right; heirs-property preference. MCL § 600.3304(1) permits joint tenants and, subject to Chapter 34, tenants in common to partition the land. In heirs-property cases, Chapter 34 supplies the appraisal, buyout, and partition-in-kind preference procedures.

4. Commissioners. Under MCR 3.402, the court may appoint commissioners to make an in-kind partition and report; for a sale, the court directs the manner of sale and distribution.

5. Accounting and offsets. Taxes, mortgage payments, insurance, repairs, improvements, rents, possession, ouster, waste, and equalizing payments require evidence and controlling Michigan law. Plead the facts and requested accounting without asserting a categorical formula.

6. Liens. Join all mortgagees and lienholders so that the partition or sale binds them and their priority is protected in the distribution of proceeds.

7. Service by publication. Unknown heirs and absent cotenants may be served by publication under MCR 2.106; heirs-property cases require posting a sign on the property when publication notice is used.

8. Costs and fees. MCR 3.402(E) and 3.403(C) govern different partition paths. For a confirmed sale, MCR 3.403(C) addresses deduction of proceeding costs and expenses, including Plaintiff's reasonable attorney fees as determined by the court. Do not plead a blanket proportional-fee entitlement.

17. SOURCES AND REFERENCES

• MCL § 600.3301; § 600.3304 (Partition — circuit court; joint tenants and tenants in common) — https://www.legislature.mi.gov/
• MCL §§ 600.3401-.3413 (Uniform Partition of Heirs Property Act) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-236-1961-34
• MCL § 600.1605 (Venue) — https://www.legislature.mi.gov/documents/mcl/pdf/mcl-600-1605.pdf
• MCR 3.401-.403 (Partition rules) — https://www.courts.michigan.gov/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules-responsive-html5.zip/Michigan_Court_Rules/Court_Rules_Chapter_3/Court_Rules_Chapter_3.htm?rhtocid=_3
• MCR 2.106 (Publication and posting) — https://www.courts.michigan.gov/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules-responsive-html5.zip/Michigan_Court_Rules/Court_Rules_Chapter_2/Court_Rules_Chapter_2.htm?rhtocid=_2
• Silich v Rongers, 302 Mich App 137; 840 NW2d 1 (2013) — https://www.courts.michigan.gov/siteassets/case-documents/uploads/opinions/final/coa/20130808_c305680(66)_rptr_117o-305680-final.pdf

EXHIBIT "A" — LEGAL DESCRIPTION

[Insert the legal description of the Property exactly as it appears in the most recent recorded deed, certified by a Michigan-licensed surveyor or attorney.]

End of Template — Michigan Complaint for Partition of Real Property.