Legal Question in Real Estate Law in Wisconsin

property owned as tenants in common after divorce

Divorce agreement states that neither party can sell. log, add improvemnts, encumber propery by mortgages, liens or easements nor commt any other waste of whatever nature or kind upon the property (40 acres) without the prior written consent of the other. Section 13 of the agreement states that all the terms of it (custody of children, financial, etc) are intertwined and interconnected and shall not be severed or modified. My ex-wife wants to build a house on the property and I object. She therefore contemplates petitioning the court to partition the property. While not expressly banned, does this agreement imply a ban on partition?


Asked on 3/26/06, 12:00 pm

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

Re: property owned as tenants in common after divorce

I would doubt that your agreement implicitly bans partition, but even if one party argued that, it would be up to a court to decide. Since this eminates from a divorce, where the whole idea was to divide things up, it would seem that partition may be a viable route.

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Answered on 3/27/06, 2:39 pm


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