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Who pays the attorney fees for a partition lawsuit?

Detroit, MI |

My four siblings filed a partition lawsuit against three other siblings without any discussion with the three siblings. The three siblings never opposed the partition, do not want the other four to control the outcome, and expressed interest in buying out the four siblings' shares. All shares are equal. Each side has had an appraisal completed. The judge ordered that a third appraisal be completed. All parties agree that the property will be sold however it is not known to who, at what price, and if the three siblings' offer will be accepted at some later date. Who pays the Plaintiffs' attorney fees? Aren't the Plaintiffs entirely responsible for their attorney fees? And how long does a property sit on the market if there is no buyer that immediately wants to purchase the property?

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Attorney answers 3

Best Answer

I agree with Mr. Klisz. You can certainly ask that the fees be paid by another party, but this is not something that is often granted.

As far as how long the property sits on the market, that is up to the parties and the court. It could be a very long time in Michigan unless it is "priced to sell."

James Frederick

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Generally, each side pays their own attorneys fees in Michigan unless there is a contract to the contrary, or a statute that applies that provides for attorneys fees to be paid to the winner by the loser. So, I am not aware of any statute that would apply in your situation.



If the case is settled, there is no loser or winner. Right? Is there a statute that Plaintiffs' costs can be recovered for filing a partition lawsuit? If so, what is that statute?

Timothy J. Klisz

Timothy J. Klisz


No there is not.


I agree with Timothy and James. The Plaintiffs must pay for their respective attorneys fees. Best of luck to you and your siblings- Reese Serra

This advise is only being offered as a courtesy. We do not have an attorney-client relationship and I do not represent you. Additional, the advice I have provided was based on the limited fact pattern provided by you. If the facts differ, my advice may not be correct. If you live in Michigan and would like legal assistance with your issue, feel free to contact me: 586-615-0756