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Partition action - how does that work?

South Milwaukee, WI |

my husband and I own a vacation home with his sister and her husband. As most financial arrangements with family do, things are not going smoothly and we would like to force them to sell out to us. How do we go about doing that?
Additional information
if we have a partition action drawn up, is there a chance that we could lose the property all together? Because my husband and I were the ones who originally found the property and we really don't want to lose it, just get the other couple out from owning 50% of it.

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Filed under: Real estate
Attorney answers 2

Posted

You simply file a lawsuit in circuit court alleging a claim for partition, which asks the judge to either force the other side to sell its portion of the property. The judge may consider facts such as which party invested more into the purchase price or improvements in divvying it up. There is always a risk when filing suit that you could get an unexpected result, however, I suggest your discuss this with a real estate lawyer in the county where the property is located to assess your options in detail. I have provided a link below that discusses partition actions in greater detail.

Posted

Below is a website link to a Wisconsin case dealing with partition.