Skip to main content

What happens in a partition lawsuit when property taxes are not paid? Does that place the property at risk for foreclosure?

Charlevoix, MI |

Three siblings filed a partition lawsuit against their two siblings over a year ago over equally jointly owned inherited property. There is no mortgage. Plaintiffs refuse to pay their shares of the property taxes. The property taxes are now delinquent. Defendants have not contested the sale. How long before the State takes the property? What are any other consequences?

Attorney Answers 3


  1. The government usually will start the proceedings before the statute of limitations gets close, and there may be a period of redemption after the tax sale. The parties should pay the additional tax and amend the complaint in the lawsuit.
    Good Luck

    Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes


  2. I agree with Mr. Alexander. If the property is sold at tax sale in Michigan, there is no redemption period. You would be wise to prevent this from happening. When the property is purchased/sold, adjustments can be made for taxes paid. I would ask the judge to place this in the Order for partition.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. You may lose the property if you don't pay the taxes in full. The lawsuit will not stop a tax sale.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.