If I pay the mortgage. And the taxes on inherited home and my sibling after. 3 Years wants to force partition sale

Asked over 2 years ago - 53511

Will a judge make her repay half the taxes and sweat equity and improvements and are partition a costly venture thank you

Additional information

This is in Wi and was inherited by myself and two siblings one wants to sign over her interest to me. The other really has no money and has paid nothing lives out of state and has no real funding

Attorney answers (5)

  1. Peter M. Navis

    Contributor Level 10

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    Best Answer
    chosen by asker

    Answered . Although several others have already answered this question, allow me to provide a unique perspective on question: that of a Wisconsin attorney familiar with Wisconsin's partition law. Wisconsin's partition statute is Ch. 842, Wis. Stats.

    To answer your question, a judge is authorized (he/she may or may not) to award compensation by one party to the other for equality of partition, according to the equity of the case. In other words, you may be able to receive from your sibling compensation for your taxes paid, improvements, and "sweat equity" if the judge believes that fairness requires it.

    An attorney would be able to represent you in the partition action and advocate for this compensation.

    "Costly" is a relative term. You should contact a Wisconsin attorney to discuss costs and fees for a partition action in light of the complexity of your case.

    The foregoing is intended to merely provide additional information to the individual posting the question and to... more
  2. Sharon Leslee Crommett

    Contributor Level 7

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    Answered . The partition issue depends on the jurisdiction. In California where I practice a partition costs upwards of $20,000 because of governmental requirements that the property owner have a civil engineer survey the property, get environmental reports, get a detailed survey of any plants or animals on the endangered list, obtain clearance from the fire and police departments, etc. In other jurisdictions, it is much easier. As to reimbursement, the taxes and improvements are fairly easy to document if you have kept good records and should be reimbursed as to the half that benefitted your sibling. As to sweat equity, that is harder to prove and may be considered by the judge to be a voluntary contribution on your part that is not reimbursable. Check with your local building department as to the cost of and requirements for partition.

  3. Robert L. Brenna Jr.

    Pro

    Contributor Level 12

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    Answered . What Jurisdiction is this?
    IF you paid the costs in good faith, the Judge will likely allow you to be reimbursed.
    Bob

    Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general... more
  4. Brian Coleman Kelly

    Contributor Level 14

    3

    Lawyers agree

    Answered . Realistically partition is a sale unless two lots can be formed. Was it
    Probated? Was there a trust. Once you agree to sell and reimburse. It is easy.

  5. Curtis Lamar Harrington Jr

    Contributor Level 20

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    Answered . Make a contract with the thers in advance.


    Please remember to designate your question's BEST ANSWER.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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