Legal Question in Real Estate Law in Wisconsin

Title co-ownership

My partner and I just moved to Wisconsin three weeks ago and purchased a house with both of us as co-owners on the title. Our relationship is now over and my partner wants to keep the house and take my name off the title. The equity in the house is the 80k that was put down on the home. Am I entitled to half that equity if I were to sign off on the title by quit claim.


Asked on 7/22/07, 9:57 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Real EstateTitle Co-ownership

Before I could answer your question, I would need to know more about the form of ownership and the co-ownership agreement between the two of you at the time you purchased the property together. "Joint tenancy" and "tenancy in common" are both forms of land co-ownership which can be "50/50," although they can also imply a business partnership. In a partnership, distribution of proceeds of a liquidation would be determined under the Uniform Partnership Act, unless you had a partnership agreement which would trump the act. If this was not a business relationship, a co-habitation agreement can determine property division. If you were married to your partner, family law rules would probably control, which can lean toward a 50/50 division except if gifted or inherited property were used in purchasing the house and property was not later converted into marital property. Family law rules can be altered by a prenuptial or post nuptial agreement. Feel free to send a private e-mail with more detailed information if you would like a specific answer.

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Answered on 7/30/07, 6:39 am


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