If amother dies and leaves a vacation property to2 daughters, what happens if 1 wants to sell and 1 does not?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If amother dies and leaves a vacation property to2 daughters, what happens if 1 wants to sell and 1 does not?

The 1 that wants to keep it cannot afford to buy out the other. Can she by law be forced to sell?

Asked on November 21, 2011 under Real Estate Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, she can be forced to sell. I the law there exists a legal remedy known as "partition". This is a legal action available to joint property owners when they cannot agree as to whether or not to sell property (or about other ownership matters). This action allows for the division of property if it can be physically divided (e.g. as in the case of raw land). However, in a case where division would be not be practical (e.g. a single family house) a court would order a "sale in lieu of partition" and a distribution of the proceeds would be made on an equitable basis among the owners.

Note: Before a sale would be ordered, the co-owner(s) would first be allowed to buy out the owner(s) who wanted to sell. The sales price would be based in the then existing fair market value.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption