We have recreation real estate owned by 4 tenants in common. 3 of us are attempting to force the sale. 4th is demanding a physical split of the property. Will this be an alternative recognized by court?
Chapter 842 of the Wisconsin statutes are the statutory provisions relating to division of a tenancy in common through a "partition" action. The statutes provide a mechanism for dividing a property and for selling a property if it cannot be properly divided. There are provisions for appointment of a referree to advise the Court as to the proper way to proceed. So, in short, split of the property rather than sale of the entirety and split of the proceeds may or may not be ordered by the Court in a partition action depending upon the facts and circumstances of the case.
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James N. Graham
Accession Law LLC
6401 Odana Road
Madison, WI 53719