Key Takeaways
- Michigan recognizes tenancy in common, joint tenancy, and tenancy by the entirety
- Joint tenancy requires the four unities (time, title, interest, possession) plus express language
- Tenancy by the entirety is available only to married couples with special creditor protection
- Michigan is an equitable distribution state for divorce (not community property)
- Homestead exemption provides property tax relief for primary residences
Michigan Property Rights and Ownership
Michigan follows common law principles for property ownership with some state-specific provisions.
Types of Property Ownership
Individual Ownership (Tenancy in Severalty)
One person holds title:
- Full control over property
- No survivorship rights (passes through estate)
- Most common for single individuals
Co-Ownership Types
| Type | Key Features |
|---|---|
| Tenancy in Common | Default, unequal shares allowed, no survivorship |
| Joint Tenancy | Requires four unities, right of survivorship |
| Tenancy by the Entirety | Married couples only, creditor protection |
Tenancy in Common
The default form of co-ownership:
- Owners may have unequal shares
- No right of survivorship
- Each owner can sell or transfer their share
- Deceased owner's share passes through their estate
Joint Tenancy
Requires the four unities:
- Time - All owners acquire at the same time
- Title - All owners acquire by the same deed
- Interest - All owners have equal shares
- Possession - All owners have equal right to possess
Plus requires express language creating the joint tenancy with right of survivorship.
Key Point: If one joint tenant sells, the joint tenancy is severed for that share.
Tenancy by the Entirety
Available only to married couples:
- Both spouses must join in any conveyance
- Creditor protection from individual debts
- Automatic right of survivorship
- Requires divorce or death to sever
Marital Property Rights
Equitable Distribution State
Michigan is an equitable distribution state (not community property):
| Feature | Michigan Rule |
|---|---|
| Division method | Equitable (fair, not necessarily equal) |
| Court discretion | Yes, based on factors |
| Separate property | Generally remains separate |
| Marital property | Subject to division |
Dower Rights
Michigan has abolished dower and curtesy rights. Instead, surviving spouses have:
- Elective share rights
- Homestead rights
- Statutory allowances
Homestead Exemption
Michigan offers a Principal Residence Exemption (PRE) for property taxes:
Principal Residence Exemption
| Feature | Detail |
|---|---|
| Eligibility | Primary residence, owner-occupied |
| Exemption | Exempts 18 mills of school operating taxes |
| Application | Must file affidavit |
| Partial exemption | May be available for qualifying situations |
Note: The PRE provides significant tax savings by exempting the property from school operating millage.
Easements and Encumbrances
Easements in Michigan
| Type | Description |
|---|---|
| Appurtenant | Benefits adjoining land, runs with land |
| In Gross | Benefits person or entity |
| Prescriptive | Created by adverse use (15 years in Michigan) |
| By Necessity | For landlocked parcels |
Prescriptive Easement Requirements
To establish a prescriptive easement in Michigan:
- 15 years of continuous use
- Use must be open and notorious
- Use must be adverse (without permission)
- Use must be continuous
Adverse Possession
Michigan allows adverse possession after 15 years of:
| Requirement | Description |
|---|---|
| Actual | Physical possession and use |
| Open | Visible to the owner |
| Notorious | Known to others |
| Exclusive | Claimant has exclusive control |
| Hostile | Without owner's permission |
| Continuous | Uninterrupted for 15 years |
What is required to create a joint tenancy in Michigan?
How long must continuous adverse use occur to establish a prescriptive easement in Michigan?