Michigan Compiled Laws
Mich. Comp. Laws § 600.3304 (2026)
Partition of lands; joint tenants; tenants in common; applicability of chapter 34.
✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.3304 Partition of lands; joint tenants; tenants in common; applicability of chapter 34.
Sec. 3304.
(1) All persons holding lands as joint tenants or, subject to chapter 34, as tenants in common may have those lands partitioned.
(2) Chapter 34 supplements this chapter, and, if an action is governed by chapter 34, it supersedes the provisions of this chapter that are inconsistent with chapter 34.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2024, Act 215, Eff. Apr. 2, 2025
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 1974–2024 · leading case: In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008).
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “MCL 600.3304. 5 Here, petitioner was not a joint tenant or tenant in common with respect to the real property held by the trust but only held a beneficial interest in the trust corpus.”
Jackson v. Green Est., 771 N.W.2d 675 (Mich. 2009). “Partition actions are governed by two sections of the Revised Judicature Act: MCL 600.3304 and MCL 600.3308. MCL 600.3304 states that "[a]ll persons holding lands as joint tenants .”
Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010). “21 MCL 600.3304 (“All persons holding lands as joint tenants or as tenants in common may have those lands partitioned.”
Albro v. Allen, 454 N.W.2d 85 (Mich. 1990). “Michigan’s partition statute provides that "[a]ll persons holding land as joint tenants or tenants in common may have those lands partitioned,” MCL 600.3304; MSA 27A.3304. As to who may bring an action for partition, the Legislature has stated: Any person who has an estate in…”
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007). “Instead, Brody Realty would prefer to buy the property or have it partitioned, as authorized for tenancies in common by MCL 600.3304. See Albro v. Allen, 434 Mich.”
Fuller v. Fuller, 332 N.W.2d 623 (Mich. Ct. App. 1983). “MCL 600.3304; MSA 27A.3304. See Henkel v Henkel, 282 Mich 473 ; 276 NW 522 (1937); Beaton v LaFord, 79 Mich App 373 ; 261 NW2d 327 (1977).”
Beaton v. LaFord, 261 N.W.2d 327 (Mich. Ct. App. 1977). “MCLA 600.3304; MSA 27A.3304 provides that a joint tenant may have his land partitioned.”
DeVries v. Brydges, 225 N.W.2d 195 (Mich. Ct. App. 1974). “MCLA 600.3304; MSA 27A.3304 provides that tenants in common may have their land partitioned.”
Jones v. Green, 337 N.W.2d 85 (Mich. Ct. App. 1983). “The motion must be granted when a plaintiff’s claim, on the pleadings, is so clearly unenforceable as a matter of law that no factual development can possibly justify the right to recovery.”
Anderson v. Richter, 221 N.W.2d 251 (Mich. Ct. App. 1974). “The criticism of the Ames case found in the committee comment to MCLA 600.3304; MSA 27A.3304 appears to be misplaced.”
Theresa Delinck v. Joseph Defina (Mich. Ct. App. 2022). “Plaintiff has a right to bring this action pursuant to MCL 600.3304. 11. The property at issue is capable of geographic partition; it has separate living quarters with kitchenette and bathroom in the lowest level of the home, and an equal number of garage bays to tenants in…”
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). “Defendant asserts that, according to MCL 600.3304, “[a]ll persons holding lands as joint tenants or as tenants in common may have those lands partitioned,” but that, according to MCL 600.”
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