Legal Question in Real Estate Law in Michigan

Does Michigan Court allow for a partition suit in a JTWFS from real estate inheirited with three sibs as owners to force the sale when one doesn't agree on a minimum price?

Asked on 7/08/16, 4:59 pm

1 Answer from Attorneys

Glenn Matecun Matecun, Thomas & Olson, PLC

If the property is held is joint tenants with full rights of survivorship, none of the owners can force a sale without the rest of the owners agreeing. Albro v. Allen is the main Michigan case (link is below). It's a complicated analysis, but the short version is this. Each owner has a life estate with a contingent remainder. This case says that you can partition the life estate only, but not the remainder. There is really no market for a partitioned life estate, so in fact everyone is stuck until all owners agree. v. ALLEN

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Answered on 7/08/16, 6:01 pm

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