Sec. 3336.
(1) When it appears to the court ordering partition that partition cannot be made equally between the parties without prejudice to the rights and interests of some of the parties the court may adjudge that 1 party compensate another in such a way as to equalize the partition according to the equities of the case.
(2) When partitioning the premises or dividing the money received from a sale of the premises among the parties the court may take into consideration the equities of the situation, such as the value of the use of the premises by a party or the benefits which a party has conferred upon the premises.
History: 1961, Act 236, Eff. Jan. 1, 1963
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.