Wisconsin Real Estate Legal Questions

Most residential leases are "joint and several" so that if you and your roommate sign the lease, and then if one of you  vacates the apartment, the remaining roommate is responsible for the entire monthly lease payment. You can try to sue the roommate, but the landlord is expecting a certain amount of rent from that apartment.... Read More

A partition action is typically one to force a sale where more than one person owns the realty and less than all owners are agreeable to a voluntary sale.   The first thing to do is to confer with a competent real estate attorney in the vicinity of the real estate.  He will examine title to the property to confirm ownership status and then prepare a petition to be filed in court setting out the basic facts -- that all owners are not agreeable to a sale and the house/lot cannot feasibly be partitioned between/among the joint owners.  The court will then set the matter for a hearing. Sometimes the filing of such a petition will result in a settlement of how the property can be disposed of.... Read More

You don't provide much detail.  If all three of the siblings live at remote places from the home, probably none of you get much (if any) benefit of it.  A sale would make sense.  Without an occupant, the house will deteriorate and attract vandals, and will be uninsurable.  A sure loss at some point in time.  If you occupy the home but your siblings do not, then you are getting a benefit they do not.  It makes sense that they want to get their interest out so that they can put it to their own use.  You should buy them out, or agree to a sale. ... Read More

You need a good real estate lawyer.  There may be some real estate lawyers in your area who specialize in Landlord/Tenant issues.  Finding a lawyer from your local yellow pages is a bit risky.  I recommend that you ask your friends, relatives, neighbors, etc if they have used a real estate lawyer and did they get good results.  If you can find a good referral that way, use it.  If the lawyer you consult is unable or unwilling for any reason to get involved, ask him/her for a further referral.  ... Read More

The answer is almost certainly "yes."  In most states there is a court proceeding that will allow a co-owner to force a sale of property where the joint owners cannot agree on a resolution between or among themselves.  This proceedings is ordinarily referred to as a "Sale for Division" proceeding.  A co-owner can file a petition with the court alleging that the co-owners together own property; that one wants to sell and that another does not.  The request to the court is that an order be entered to sell the property by public auction.  Either party could bid on the property at the sale.  The court will ordinarily keep a commission (usually 10%) for its time and services in arranging the sale.  I can't tell from your question whether the case at hand has reached that point.  Party A "serving papers" may signify that such a proceedings has already begun.  I recommend that you seek the advice and assistance of a good real estate lawyer in your area to help guide you to a reasonable resolution.  A public auction will often not bring the best results, but it would solve the problem -- which appears to be more personal than legal.... Read More