Legal Question in Real Estate Law in Wisconsin
My question:
About 5 years ago I built a house with my girlfriend�never married�due to here temper I�ve recently left the relationship. I�ve been out of the house now for 2 months, I try to talk to her about selling the home because we are out of money to make the mortgage payments. She is refusing to sell and I can�t sell it with out her agreeing to it. How do I force her to put the house up for sale? Do I have to sue her for my portion of the equity then let her do what ever she wants?
Please help, Thanks,
John Matejcik
1 Answer from Attorneys
Unless the two of you can agree on something, you may end up in litigation. There are at least two ways to proceed: 1. ask a judge to appoint a receiver to get the property rented to minimize cost while the property is placed for sale and sold; and 2. petition a court to partition the co-owned property, which would result in the judge ordering the property to be sold.
After sale and expenses, I would presume the equity would be split, unless someone already paid more than half.
Best luck in getting this resolved!
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