Berlin, MD asked in Real Estate Law for Michigan

Q: MI property owned by two but title never stated if joint tenants or common. Whats default then?

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3 Lawyer Answers

Vincent Gallo


A: Responding from a New York perspective, silence the notes tenants in common.

David Soble

  • Farmington Hills, MI
  • Licensed in Michigan

A: Michigan law presumes that without the "magic legal language" contained in the deed, the co-owners will own the property as tenants in common. This means that either party can sell, lease, or bequeath their interest in the whole, to anyone they please, without the permission of the other co- owners.

Kenneth V Zichi

  • Howell, MI
  • Licensed in Michigan

A: Absent a clear indication in the deed that something else is intended 'tenants in common' is implied in Michigan too.

So the answer is 'tenants in common'.

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