Legal Question in Real Estate Law in Wisconsin

Partition Sale of Real Estate in WI When Half Owned by Former Spouse

Your problem is one of the most common ones which I see in my legal practice. If a large mortgage is owed and the property is not selling, there may not be a good practical solution for you unless you can refinance and buy him out. Many divorce settlements resolve this issue with clear obligations for various future contingencies. However, any court order does little good if the responsible party has sufficient financial resources to carry it out. This being said, you can pursue contempt of court remedies in family court if the "ex" is violating duties under the divorce settlement. WI courts can also order partition sales at auction to the highest bidder, with attorney fees and liens paid from the proceeds and the balance split between the owners. Either owner can be a bidder at such an auction, assuming that they have the funds available. My comments here are not intended as legal advice unless I am subsequently retained on the case in question and do not create any attorney client relationship between us. You therefore need to consult with an experienced real estate lawyer.

Re: Forced Sale of Real Estate

Since you mention that you own the property with your X, you probably had this arrangement set up by the divorce court. You should probably go back to the divorce court and ask that a receiver be appointed for the property and that it be sold.

If you did this outside the divorce court, you could consider petitioning a court to partition the property.

In either case, you will need someone experience to help you with the court proceedings. Good luck and I hope this answers your questions.

Re: Forced Sale of Real Estate

If the Marital Settlement Agreement in your divorce dealt with that issue, you will have to abide by the terms of that agreement.

If it did not and the property was simply transferred to the two of you as tenants in common, then you might have to file a partition action. Assuming that the property is not divisible, the court will order it to be sold. In the absence of any other agreement the sale will be like that in a foreclosure action - it is NOT the best way to sell real estate, but it may be the ONLY way.

If you end up having to file, it is hoped that your ex will recognize that this procedure in a partition action will cost you BOTH a lot and then you will resolve the case by agreement.

In the meantime is there any agreement as to who pays the costs associated with the house including costs of major items like furnaces, roofs, etc?

If you start a partition action you may be able to get an interim order regarding possession and responsibility for these costs. Such an order alone could save you a lot of money if you are paying more than your fair share now.