Institute of Continuing Legal Education (ICLE)



[Insert caption.]

COMPLAINT FOR PARTITION AND OTHER COUNTS

There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint.

Plaintiff, [name], by his attorneys, [name], asserts the following complaint against Defendant [name]

GENERAL ALLEGATIONS

1. Plaintiff is a [state] resident who, until recently, practiced law in the state of Michigan.

2. Defendant is a Michigan resident, [name], who resides and conducts business in [county], Michigan.

3. Jurisdiction is proper in this court because the amount in controversy exceeds $25,000, exclusive of interest and costs, and also because Plaintiff seeks equitable relief.

4. Pursuant to MCL 600.1605, venue is proper in this court because Defendant resides and conducts business in [county], Michigan.

FACTUAL ALLEGATIONS

[State factual background]

COUNT I—PARTITION

5. Plaintiff restates and incorporates by reference the allegations in the preceding paragraphs as though fully set forth in this complaint.

6. Plaintiff and Defendant are co-owners of the subject property as copartners. Exhibit 2 is attached.

7. No persons other than Plaintiff and Defendant have any interest in or title to the subject property or any part of it, in possession, remainder, reversion, or otherwise.

8. Both Plaintiff and Defendant own an undivided one-half interest in the subject property with the concomitant right to enjoy and possess the whole.

9. For all practical purposes, it has become impossible for Plaintiff and Defendant to jointly possess and enjoy the whole of the subject property.

10. Because the subject property is a single building, partition in-kind is impractical, if not impossible. Accordingly, the subject property should be sold, and the proceeds divided between Plaintiff and Defendant.

Plaintiff respectfully requests the following relief

a. That a just and equitable division and partition of the subject property be made between Plaintiff and Defendant, according to their respective rights and interests, according to the course of practice in this court, and to the applicable statute.

b. That if it appears that a partition cannot be made without manifest injury to the rights of the parties then the subject property should be sold under the judgment and by the direction of this court, and that the proceeds of that sale, after payment of the expenses and the costs of this action, be divided between the parties according to their respective rights and interests in the subject property.

c. That the rights and interests of the parties in and to the land and premises and in the proceeds if the land is sold be ascertained and declared by the judgment of this court.

d. That a receiver be appointed to lease and manage the subject property and to protect the subject property from waste, trespass, and damage to the property.

e. That Plaintiff recover his costs, including attorney fees, incurred in obtaining a partition.

f. That Plaintiff may have any other relief warranted by equity and good conscience.

Respectfully submitted,

| | |[Firm name] |

|Dated: ____________ | |By /s/____________ |

| | |[Typed name of attorney (P____)] |

| | |Attorney for Plaintiff |

| | |[Address, telephone] |

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