In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
A partition lawsuit is a legal action that allows co-owners of a property to seek a court order to divide or sell the property when they cannot reach an agreement. Partition actions are typically used in cases of joint tenancy, tenancy in common, or other forms of co-ownership.
Partition by Sale: Partition by sale occurs when the entire property is sold, and the proceeds of that sale are split between the owners ing to their proportional interest in the property. So, if co-owner A owns a 20% interest in the property, he or she should get 20% of the net proceeds.
In Wisconsin, every co-owner who no longer wishes to own their interest in the real estate has a right to partition their interest in the property, no matter what ownership percentage of the property they own. Chapter 842 of the Wisconsin Statutes governs the partition of real estate in Wisconsin.
On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest.
Partition definition: it is defined as a room divider or wooden partition wall constructed from a sturdy material such as glass, bricks, or wood studs, whose sole purpose is to be a room divider and separate one room from another.
Nevada is a community property state, which, in terms of divorce, translates to a 50/50 split. This principle signifies that all wealth accumulated during the marriage is evenly divided between the spouses upon divorce.
A partition action is a lawsuit in which a court determines whether a property with two or more owners is to be partitioned or sold. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court.