Sec. 3320.
(1) The circuit court may direct and authorize general guardians or guardians ad litem to agree to a division or a sale of the entire premises or of as much of the premises as, in the opinion of the court, is incapable of partition, or of as much of the premises as the best interest of the ward requires to be sold.
(2) The guardian shall report on oath to the court the partition or sale he made under the court's direction and if the court approves and confirms the sale the court shall enter an order authorizing the guardian to execute conveyances of the rights of the ward to the purchaser of that portion of the estate, or to execute a release of the rights of the ward to the portion of the estate which in the division falls to the shares of the other joint tenants or tenants in common. Those deeds shall be valid and effectual to convey the share and interest of the ward.
(3) If any part of his estate is sold an infant shall be deemed a ward of the court and the court shall direct an order for securing, investing, and applying the proceeds of the sale, and for requiring security from the guardian for that purpose.
(4) If the infant is a married woman the court may, upon petition, appoint her husband as her guardian and he shall be subject to the provisions of this section.
(5) When a guardian has been appointed by the probate court, the circuit court guardian shall deliver all guardianship property and funds to the probate court guardian and upon receipt therefor, the guardian appointed by the circuit court shall be discharged.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1964, Act 113, Eff. Aug. 28, 1964
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-33 - Chapter 33 Partition (600.3301...600.3372)
Section 600.3301 - Partition of Lands; Jurisdiction of Circuit Court; Actions Equitable in Nature.
Section 600.3304 - Partition of Lands; Joint Tenants; Tenants in Common.
Section 600.3312 - Mineral Rights.
Section 600.3316 - Undivided Interest in Estate in Possession or in Expectancy Deemed Fee Simple.
Section 600.3324 - Lands Held in Trust; Parties; Division Among Heirs or Devisees.
Section 600.3328 - Partition Against State; Service of Papers; Appearance.
Section 600.3332 - Indivisible Premises; Division of Part of Premises; Minimum Price.
Section 600.3336 - Owelty; Adjustment of Equities.
Section 600.3348 - Receiver; Appointment; Protection From Waste, Trespass, or Injury.
Section 600.3352 - Claims Barred by Statute of Limitations; Acquiescence.
Section 600.3356 - Creditor With Lien; Transfer; Impairment.