My husband inherited property from parent, he want to sell but brother does not. What can we do?

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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 11 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. 


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