Legal Question in Real Estate Law in Wisconsin
joint ownership and eviction
My ex fiance and I both jointly own a home which she has mved out of. She wants the property fixed, listed and sold, by me, and wants me to pay half the mortgage and move out too. Is there a way she can legally evict me from my home? If I fail to make a payment can she evict me? I am considering bankruptcy because we are so upside down on this property and ther is no equity. If I do that can she make my son and I leave the residence? Thank you!
1 Answer from Attorneys
Eviction of Joint Owner by Another Joint Owner
Generally speaking, joint owners have equal rights to be present upon jointly owned property. These rights can be altered by agreements and court orders. The opposing owner can sometimes get such a court order even if he or she is not entitled to it if the opposing owner does not fight the lawsuit. Even if a property is being lost in foreclosures, owners can often continue to stay there rent free during a foreclosure process which can potentially last for years.
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