Traverse City, MI asked in Real Estate Law for Michigan

Q: I purchased a piece of land, basically for my son. Both of our names are on the title - taxes are overdue, again.

He will not get in touch with me as we had a pretty big blowout a few months ago. I need to know what I can do

- half acre, paid $35,000. Paid last year's taxes, and found out today that this year's taxes have not been paid. He knows I'll pay, just to not lose my investment. Can I force him off the title somehow?

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2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: A lawsuit seeking partition should be considered. You should consult with an attorney.

1 user found this answer helpful

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: Depending on how the property is held partition and forced sale MAY NOT be available. You ABSOLUTELY need to bring a copy of the deed with you to a local real estate lawyer who is well versed in Real Estate law to see what you can do.

For example, if you hold as "Joint owners with full rights of survivorship" (or similar) as opposed to tennants in common you may not be able to state a claim that the Courts will grant relief on if you ask for partition, sale or similar relief.

See Hrit v McKeon, (Mich App Feb, 2015), citing Wengel v Wengel, 270 Mich. App. 86, 2006.

This is a VERY technical area of law, and it is easy to mis-interpret the statutes if you don't know the case law! Seek a local real estate lawyer to review the facts of your case!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

Brent T. Geers agrees with this answer

1 user found this answer helpful

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