[ Text of section effective until March 31, 2012. Repealed by 2008, 521, Sec. 6. See 2008, 521, Sec. 44 as amended by 2010, 409, Sec. 23 and 2011, 224.]

  Section 12. If a surviving spouse is entitled to an undivided interest in land which is owned by the deceased spouse as tenant in common, the probate court, upon petition by the surviving spouse or by any person entitled to petition for assignment of the interest in such land, after notice as in case of other partitions, may empower the commissioners to make partition of the land so owned in common, and then to assign to the surviving spouse the interest in the portion set off to the estate of the deceased spouse.