Legal Question in Real Estate Law in Wisconsin
My dad and I are equal joint tenants on the house title. If my dad's girlfriend moves in do I have the legal right to kick her out?
1 Answer from Attorneys
Assuming that both of you have ownership rights which are exactly equal, then neither of you is entitled to order the other equal owner to do anything with respect to the property, including the invitation of guests to the property (such as girlfriends or boyfriends). Instead, if you unable to agree on how to manage the property, you will need to go to court and request "partition" order as to the property. That sort of lawsuit seeks a judicial sale of the property to the highest bidder, who then will have 100% ownership. If neither owner can afford to buy the other owner out, any third party who purchases the property at such a sale will obtain control and will probably throw both of you out. The good news, however, is that the court will normally divide any sale proceeds equally, after all expenses of the sale and attorney fees are first paid. My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me at that time.