Legal Question in Real Estate Law in Wisconsin

You ask several important questions. When two people inherit property from their parents, it is usually inherited as "tenants in common." That means that each owns an equal share and can pass it on to whomever they wish when they die. If the property was intended to pass only to the survivor of the two, it would have had to be "jointly held." That also is possible, since the parent last to die could have put the property into their name and the two children, "as Joint Tenants," and then it would continue on to the final survivor.

If one owner is not paying their share, the other owner may maintain a legal action against the non-paying party. It is called a "Partition Action," and it requests that the property be divided in two so the one who is paying doesn't have to bear the costs of the non-paying party. If the property can't be easily split, which is usually the case, the judge orders the property to be sold and then the proceeds split. That usually does not preclude the paying party from becoming the high bidder in the sale process, and in fact, most of these partition actions end up with the parties coming to some resolution short of a judge issuing an order.

If you need help with such an action, you should seek competent counsel who is familiar with such actions and may help you in both negotiating and any court proceedings. We have such people in our firm and would be glad to help. You may reach me at 262-569-8300. Good luck whichever way you choose to go.