Legal Question in Real Estate Law in Michigan

That is the proper procedure to handle it without an agreement. Visit kliszlaw.com to discuss further. Tim Klisz

The answer used to be (a long time ago) "no", you can't transfer or partition a property held as joint tenants with full rights of survivorship. In a more recent case (which I haven't looked at in awhile) the Michigan Supreme Court held that one owner could transfer his or her interest in the property, or have the property partitioned, BUT it would still be subject to the other owner's interest. I belive the case name is Albro v. Allen if you want to Google it. The problem then is that you don't really get any practical benefit out of the transfer or partition like you would if you forced a sale of the property. This is a complicated area of the law, and we always have a detailed discussion of the potential consequences of this type of ownership before the property is transferred. You will likely need to involve a lawyer on this one. Good luck.

You ask an interesting and unique question. You certainly have rights in this matter. However, you left out certain details so I would have to ask you a few questions in order to give you the best and most accurate response and answer any additional questions of yours. Please call me at 586-457-5501 so I can answer your questions.

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