I Inherited Property With a Family Member, and We Can't Agree
How Do Michigan Siblings Resolve a Disagreement Over Inherited Property?
Your parent died. Probate handled the will, transferred title, and now you and your siblings own the family home together. One sibling wants to sell. One wants to keep it. One has been living there since before the funeral and is still there. The taxes are due in January. Nobody's paying the insurance. The roof needs work.
The estate is closed. The probate attorney's done. So what happens now?
Probate is good at deciding who inherits. Probate is not built to resolve disputes between heirs after distribution. That's a different body of law.
What Is a Michigan Partition Action?
Michigan partition action is the legal mechanism for siblings and heirs who inherit real estate together and can't agree on what to do with it. It applies after probate closes and title has passed to the heirs as tenants in common. Under Michigan's partition statutes (MCL 600.3304 et seq.) and the new Michigan Uniform Partition of Heirs Property Act (UPHPA, MCL 600.3401 et seq.), one heir can force resolution: either through a court-ordered sale or, more commonly under the UPHPA, through a structured buyout opportunity for the other heirs.
Why Doesn't Probate Resolve Inheritance Disputes After Distribution?
So let's say your mom dies. Probate handles the will, the house transfers to you and your brother as tenants in common, and your brother moves in and won't leave. Probate court can't make him leave. The probate court can't force him to pay you your half. A partition action can. It does so through a court-ordered sale that converts both shares to cash, or through a buyout structured around an independent appraisal under the UPHPA.
Michigan probate, governed by EPIC (MCL 700.1101 et seq.), determines who inherits which assets. It validates the will, appoints the personal representative, pays creditors, files tax returns, and distributes assets to the heirs. Once distribution is complete, probate is done.
What probate does not do is resolve what happens when the heirs disagree about how to use, maintain, or dispose of an inherited asset. Probate has no mechanism for forcing a sibling to sell, contributing to property taxes, or vacating a property they've been squatting in. Those disputes need a separate proceeding. For real estate, that proceeding is a partition action.
What Is Heirs Property Under Michigan's UPHPA?
The Michigan Uniform Partition of Heirs Property Act (UPHPA, MCL 600.3401 et seq.), effective April 2, 2025, is a Michigan statute that changed how partition works for inherited real estate. When property qualifies as "heirs property," real estate held by tenants in common where co-tenants inherited title from a relative, the court must order an appraisal, give non-petitioning heirs a ~45-day window to buy the petitioner's interest at appraised value, and prefer in-kind partition or open-market sale over the old courthouse-step auction. The statute was enacted as Public Act 215 of 2024 to protect families from losing inherited property at below-value forced sales.
To qualify as heirs property, the real estate must be held by tenants in common with no written agreement governing partition; at least one co-tenant must have inherited title from a relative; and a threshold of ownership interests must be related or inherited. When those tests are met, the UPHPA path applies, significantly changing the analysis in favor of the family.
For any Michigan family that jointly inherited real estate under a will or by intestate succession, the UPHPA is now the most consequential procedural change in decades, materially favoring the co-heir seeking resolution.
What Are The Most Common Mistakes Michigan Families Make After Inheriting Property Together?
Four patterns recur when families try to handle an inherited-property disagreement without a partition action:
Waiting it out: Many families hope it sorts itself out. It rarely does. The heir who wants to keep the house has every incentive to delay. The heir who wants to sell has every incentive to act. Months pass. Property taxes pile up. One heir starts paying carrying costs and resents the others. Another heir moves in and stops responding to texts. Inertia favors the heir who wants nothing to change. That's not the same as the law favoring them.
Asking the wrong attorney: Others go back to the probate attorney. Probate attorneys generally don't handle partition actions. Partition is a distinct practice area, with its own court rules (MCR 3.401–3.403) and an equitable framework. The probate attorney is not the wrong person to ask, but they're typically not the person to handle it. JBM Law practices both probate administration and partition, so when the dispute outlives the estate, you don't have to go find a second firm.
Skipping the appraisal: Some negotiate a sale price between siblings without an appraisal. This is where families do the most harm to their own position. Without an independent appraisal, every sibling has a different number in their head, usually anchored to either the assessed value or a comparable they remember from the neighborhood, and negotiations stall on that gap. The UPHPA recognizes this; it makes the appraisal mandatory.
Letting occupancy go untracked: Some families let one heir squat without consequences. A co-owner with exclusive possession can be charged the fair rental value upon a showing of ouster, meaning their occupation of the property offsets the credits they would otherwise receive for paying taxes, mortgage, or upkeep. This often goes untracked, and by the time partition is filed, years of fair rental value may be owed.
How JBM Law Structures an Inherited-Property Dispute in Michigan
At JBM Law, we start by understanding what each heir wants, what the property is worth, and what the law requires. From there, we handle:
Probate cleanup review: confirm that title passed properly to the heirs, that the personal representative discharged correctly, and that there are no remaining estate creditors with claims against the property
Heirs property analysis: determine whether the property qualifies as "heirs property" under MCL 600.3402; if it does, the UPHPA path applies with its buyout structure and protections
Independent appraisal coordination: the UPHPA requires it; even outside the UPHPA, we recommend it. Negotiation from a real number works; negotiation from feelings doesn't
Contribution accounting: document who paid taxes, insurance, repairs, and improvements; quantify reimbursement claims; if one heir has exclusive possession, calculate the fair rental value offset (under Silich v. Rongers, 302 Mich App 137 (2013), credits are limited to contributions by the parties, not by the deceased or prior owners)
Buyout structuring or partition filing: when one or more heirs want to keep the property, structure the appraisal-based buyout, refinance, and release of departing heirs. When negotiation fails, file partition in the circuit court for the county where the property sits (Macomb or Oakland Probate Court has no jurisdiction over this: it's circuit court)
Most inherited-property disputes settle once the appraisal is in hand and the legal structure is clear. Some require litigation. We handle both, including cases another attorney has already turned down.
Has another attorney told you your situation can't be partitioned?
Some Michigan deeds were drafted with survivorship language that may not actually preclude partition, especially when the language is inappropriate for the actual co-ownership relationship. We take cases other firms turn down.
Get Your Share and Keep the Family Relationships Intact
A Michigan partition action gives every heir a legal path to their share, whether that's a structured buyout at appraised value or a court-ordered sale with proceeds divided by ownership interest. The process runs on the law and the appraisal, not on who can hold out longest or who feels most wronged — which is often what actually protects the relationship, even when the property itself can't be saved.
How Much Does an Inherited-Property Partition Cost?
Most Macomb and Oakland County inherited-property partition matters resolve in the $5,000–$15,000 range for uncontested negotiated buyouts; contested litigation runs higher.
Cost depends on how contested the process is. An uncontested buyout, where the appraisal is accepted and one heir simply pays the others their share, resolves fastest and cheapest. A contested filing, where the court has to decide value or force a sale, costs more and takes longer. Most Macomb and Oakland County matters resolve well within the range above once the appraisal is in hand.
Get a Clear Answer on Your Path Forward as an Heir
Schedule a consultation. We'll review the inheritance, the disagreement, and where things stand, then map out how partition can move this forward.
If you're earlier in the process and your loved one's estate is still going through Michigan probate, partition isn't yet the right tool. Once title passes to the heirs as tenants in common, it becomes available.