Legal Question in Real Estate Law in Wisconsin

Division of family owned farm partnership

We are 1/4 share of family farm. We are in the process of trying to split from others. They have and still are logging off the property with no contract. They have kept the money. They have never told us any amount, we found out on our own. It is the same pattern that has brought us to the point we are. We can't beleive there isn't some criminal element here, and what can we do legally. There are lots and lots of other things too, but don't have the space to explain.

Thankyou


Asked on 4/18/04, 9:06 pm

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Division of family owned farm partnership

Three things to consider: 1. you probably have a right to petition a court to partition the property, meaning it would be divided and you would get your own share, or if that is not feasible, the property gets sold and you get your share of the proceeds. 2. you may have a civil action for conversion, since the logging probably took money away from you. 3. a crime may have occurred, in which case you may not use that situation as leverage, but simply have a decision as to whether you care to go to the local district attorney/sheriff to have the matter investigated and charged, if appropriate. These are heavy items, and I'd suggest you meet with competent counsel before proceeding.

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Answered on 4/19/04, 12:22 pm


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