Rule 3.401 Partition

(A) Matters to be Determined by Court. On the hearing of an action or proceeding for partition, the court shall determine

(1) whether the premises can be partitioned without great prejudice to the parties;

(2) the value of the use of the premises and of improvements made to the premises; and

(3) other matters the court considers pertinent.

(B) Partition or Sale in Lieu of Partition. If the court determines that the premises can be partitioned, MCR 3.402 governs further proceedings. If the court determines that the premises cannot be partitioned without undue prejudice to the owners, it may order the premises sold in lieu of partition under MCR 3.403.

(C) Joinder of Lienholders. A creditor having a lien on all or part of the premises, by judgment, mortgage, or otherwise, need not be made a party to the partition proceedings. However, the plaintiff may join every creditor having a specific lien on the undivided interest or estate of a party. If the creditors are made parties, the complaint must state the nature of every lien or encumbrance.