My husband inherited property from parent, he want to sell but brother does not. What can we do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My husband inherited property from parent, he want to sell but brother does not. What can we do?
Both own property equally. The death was July 2008 and brother has been stalling us when we tell him we want to sell property. I there any recourse to force him to either buy our half or sell his?
Asked on June 16, 2009 under Estate Planning, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You can go and see an attorney and inquire about bringing an action for Partition of the property, which is an action where a party "having an interest in real property jointly or in common with others" may sue for judgment partitioning (separating) that interest unless such an action is prohibited by statute or by agreement between the parties. Sometimes Wills can prohibit partition. The type of property (real property or house) matters as you can not divide a house equitably. So then the Court can order its sale and divide the proceeds equitably. Wisconsin law allows such an action. Look here at attorneypages.com for a lawyer in your area that specializes in real estate litigation.
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.