Michigan Compiled Laws

Mich. Comp. Laws § 554.43 (2026)

Estates; kinds in respect to number and connection of owners; nature.

✓ current as of July 2026

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Revised Statutes of 1846

R.S. of 1846

554.43 Estates; kinds in respect to number and connection of owners; nature.

Sec. 43.

Estates, in respect to the number and connection of their owners, are divided into estates in severalty, in joint tenancy, and in common; the nature and properties of which respectively, shall continue to be such as are now established by law, except so far as the same may be modified by the provisions of this chapter.

History: R.S. 1846, Ch. 62 ;-- CL 1857, 2627 ;-- CL 1871, 4110 ;-- How. 5559 ;-- CL 1897, 8825 ;-- CL 1915, 11561 ;-- CL 1929, 12963 ;-- CL 1948, 554.43

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1988–2021 · leading case: Wengel v. Wengel, 714 N.W.2d 371 (Mich. Ct. App. 2006).

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Wengel v. Wengel, 714 N.W.2d 371 (Mich. Ct. App. 2006). “3 MCL 554.43 provides: Estates, in respect to the number and connection of their owners, are divided into estates in severalty, in joint tenancy, and in common; the nature and properties of which respectively, shall continue to be such as are now established by law, except so…”

Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007). · cites it 2× “Each is entitled to possession of the whole and every part thereof, subject to the same right in the other cotenants." Accordingly, because there is unity of possession, "one cotenant cannot ordinarily bind cotenants by contracts with third persons or transfer or dispose of the…”

Quinlan Inv. Co. v. THE MEEHAN COMPANIES, INC., 430 N.W.2d 805 (Mich. Ct. App. 1988). “A tenancy in common is a legal estate, MCL 554.43; MSA 26.43, with each tenant having a separate and distinct title to an undivided share of the whole.”

Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2021). “43 (“Estates, in respect to the number and connection of their owners, are divided into estates in severalty, in joint tenancy, and in common; the nature and properties of which respectively, shall continue to be such as are now established by law, except so far as the same may…”

Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2021). “Under MCL 554.43, estates are divided into estates in severalty, in joint tenancy, and in common “the nature and properties of which respectively, shall continue to be such as are now established by law .”

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