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  1. #1

    Default Partition of Property

    My question involves real estate located in the State of: Michigan

    My Grandmother past away in Dec last year. She has left the house to My sister and me with rights of survivorship for both of on the title.
    I do not wish to be co owner with my sister and sell the property outright splitting the proceeds.
    I now find the my sister has moved back into the house and refuses to sell.
    Can I file for a court ordered sale?

  2. #2
    Join Date
    Jan 2006
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    Default Re: Partition of Property

    Yes

    http://www.legislature.mi.gov/(S(fm1...ight=partition



    you can also move in right beside her. If she acts to exclude you from doin doing so you can seek 1/2 of the market rental value. In other words, if she refuses you to use your share of the home, she must pay you for it.

  3. #3

    Default Re: Partition of Property

    Well that is interesting, According to her lawyer I can not force the sale because of the right of survivorship part on the title.
    I must wait her out if she does not wish to sell or buy out my half.
    Moving in not an option nor will she pay rent to me, Her words.

    from google; Hrit v Mckeon appeal court 2015

  4. #4
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    Default Re: Partition of Property

    Quote Quoting mach1rider
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    According to her lawyer
    Her lawyer is your enemy. So is your sister.

    Never take legal advice from your enemy.

    Hire a lawyer of your own.

  5. #5
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    Default Re: Partition of Property

    Quote Quoting mach1rider
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    Well that is interesting, According to her lawyer I can not force the sale because of the right of survivorship part on the title.
    I must wait her out if she does not wish to sell or buy out my half.
    Moving in not an option nor will she pay rent to me, Her words.

    Her laywer is wrong. The only type of ownership one cannot unilaterally terminate is a tenancy by the entirety. That is reserved to married couples.

    I was suggesting the moving in a bit tongue in cheek but she has no choice of either allowing you to move in or paying you rent if she excludes you from using the property as your own.

    Time out.. Iíve found something that May actually support the lawyers statement. Let me read a bit

    Well, to my dismay, the attorney appears to be correct


    Hrit v McKeon, No 317988, 2015 WL 447474 (Mich Ct App Feb 3, 2015)


    So, it sounds like it’s time to move in and make her make a decision

  6. #6

    Default Re: Partition of Property

    Yes I found that case also, but from my point it leans toward those living in the household together as couple or partner.
    Having it left to us in will, Maybe it could be different.
    Seems that my best move would be to force her to pay rent, That may make her change her mind on buying me out.

  7. #7
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    Default Re: Partition of Property

    Quote Quoting mach1rider
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    Yes I found that case also, but from my point it leans toward those living in the household together as couple or partner.
    Having it left to us in will, Maybe it could be different.
    Seems that my best move would be to force her to pay rent, That my make her change her mind on buying me out.
    oivimg together doesn’t change anything. The rule applies because of the reminder interest. I don’t agree with it due to several issues but what I think doesnt matter.


    Your suggestion of it being being left to you without your option to agree to another form of ownership is one basis for challenge i considered. That might be defeated by the fact you accepted title in the manner it was written. I can still see an opening for challenging that but unless you have the money to argue it in court, it becomes irrelevant


    then, I disagree with the statement there is a contingent remainder that requires consideration and protection by the courts. For some reason Michigan has deemed the ownership interest of either party as nothing more than a life estate. I cannot see how or why. The system was not created to afford a person some definable term of interest in the property but simply to allow a transfer sans probate once one of the tenants dies. The fact they have made this decision makes me ponder what other joint ownership with rights of survivorship issues are affected.

    Its odd that while a court can and has divided a tenancy by the entirety upon the divorce of the owners, they determined the joint tenancy wros cannot be divided. A tenancy by the entirety is no different in its actions than a jt wros for the concerns being considered. How a court can decide a life estate can be nullified simply due to a divorce and not in a jt wros flies in the face of equitable solutions and equal applications of the law on the owners.

  8. #8

    Default Re: Partition of Property

    Yes, the home is subject to being partitioned by a Michigan circuit court. And unless the court finds that it is amenable to being equitably and fairly divided between the owners the court will order it sold and the net proceeds so divided. (See: MCL Chapter 33 Partition Sections 600.3301 et seq.)

    But please take note that it is a most impractical means of disposing of real property. First of all there would be the legal expenses incurred by the petitioning party in the coarse of filing and prosecuting the petition and then the fees of the court appointed commissioner.

    However, in most instance once the resisting owner is given to know that such a sale will take place whether they like it or not, and that they will suffer a loss of equity because of the manner of sale and the assessment of the mentioned costs (which in some instances they can be ordered to fully to bear) they usually bend and agree to cooperate in having the property marketed in the normal fashion.

    Lastly, contrary to what you have been told your sister cannot legal deny you equal use and possession of the home.

    One more "lastly". Whomsoever influenced grandma to create an estate in cotenancy was a damn fool! In all my many years of practice I never allowed a client to saddle their heirs with such a legal albatross!

  9. #9
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    Default Re: Partition of Property

    Quote Quoting latigo
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    Yes, the home is subject to being partitioned by a Michigan circuit court. And unless the court finds that it is amenable to being equitably and fairly divided between the owners the court will order it sold and the net proceeds so divided. (See: MCL Chapter 33 Partition Sections 600.3301 et seq.)

    But please take note that it is a most impractical means of disposing of real property. First of all there would be the legal expenses incurred by the petitioning party in the coarse of filing and prosecuting the petition and then the fees of the court appointed commissioner.

    However, in most instance once the resisting owner is given to know that such a sale will take place whether they like it or not, and that they will suffer a loss of equity because of the manner of sale and the assessment of the mentioned costs (which in some instances they can be ordered to fully to bear) they usually bend and agree to cooperate in having the property marketed in the normal fashion.

    Lastly, contrary to what you have been told your sister cannot legal deny you equal use and possession of the home.

    One more "lastly". Whomsoever influenced grandma to create an estate in cotenancy was a damn fool! In all my many years of practice I never allowed a client to saddle their heirs with such a legal albatross!
    No, the home is not subject to being partitioned. I was incorrect in my original statement. A joint tenancy specifically designated as with rights of survivorship is not divisible by the courts. In fact, it has been ruled that no party can convey their share in any way, including with the intent of leaving the current style of title intact as any transfer of a joint tenancy automatically causes the resulting ownership to become a tenancy in common.

    edit to add:

    this is a matter specific to Michigan. I don’t know if any other state has interpreted their laws in similar fashion.

  10. #10

    Default Re: Partition of Property

    I do thank the replies but, I did not agree to anything as to the writing of the deed. This was all done when my grandmother was in Michigan with my sister in mid 2009.
    It was at that time my sister also had health and legal POA paperwork assigned to her. Non of which I thought was a good idea.
    After just over 2 years pass that point she had our grandmother put in a home where she stayed till she past in Dec 2018.

    All I knew was that my grandmother had stated that she had left the house to my sister and I in her will.
    I do know that my sister has taken advantage of our grandmother for many years and somehow has drain all of her bank accounts just before she had her placed in the state home.
    P.s. I know I need proof of that but, A close look into my grandmothers bank statements may show just that.

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