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patzy53 · Jul 29, 2010, 05:41 PM

Property is deeded to 7 siblings / can one sibling force a sheriff's sale of the property to get their share

AK lawyer · Jul 29, 2010, 05:46 PM

Yes. It would normally be sold pursuant to a court order in a partition action.

patzy53 · Jul 29, 2010, 05:52 PM

Can one sibling force other siblings into a buyout of property that they own jointly? As the real estate market is not at it's best and it may take time to sell property. There is no mortgage and taxes are up to date. Threatening to force a Sheriff's sale, if their not bought out immediately. Do we need to divide the property first? Isn't it costly to have survey, deeds, abstracts, etc. Who pays?

Fr_Chuck · Jul 29, 2010, 06:29 PM

Was this part of the estate ? If so why was it not divided before it left the estate ?

All the owners would pay jointly for survey, deeds and the such.

Not sure, what the talk about a sheriff sale, if there is no liens on home and no taxes due, who is trying to sell it at the courthouse.

If it is still in probate, it is possible to force the sale of the property

But yes, while hard at times, it is possible to get a court order to force the other owners to sell property

patzy53 · Jul 29, 2010, 07:36 PM

Originally Posted by Fr_Chuck

Was this part of the estate ? if so why was it not divided before it left the estate ?

All the owners would pay jointly for survey, deeds and the such.

Not sure, what the talk about a sheriff sale, if there is no liens on home and no taxes due, who is trying to sell it at the courthouse.?

If it is still in probate, it is possible to force the sale of the property

But yes, while hard at times, it is possible to get a court order to force the other owners to sell property

Thank you -- I thought it might be possible -- I had suggested to the family we should have divided it years ago. There are no liens or taxes due. Just 6 members who don't have funds at this time to cover these costs. Maybe the disguntled/impatient one could pay up-front for division of property. Thus allowing their portion to go to sheriff's sale. Just random thoughts. I guess there is no way but through a lawyer. Again Thank You for the info!

AK lawyer · Jul 29, 2010, 07:43 PM

Originally Posted by patzy53

... Do we need to divide the property first? Isn't it costly to have survey, deeds, abstracts, ect. Who pays?

The preferred option is to sell it in one piece and divide the proceeds.

Subdividing is expensive. It requires agency approval. And, worst of all, each party would have to agree on how it is to be divided up, and who gets what piece. It is usually a lot harder for 7 people to reach an agreement on all those details.

It's possible that a court, presented with a partition petition, could appoint a special master (the title varies depending on the state) to make those decisions.

Who pays? Normally each would pay his or her equal share of all the costs of subdividing - in advance.

patzy53 · Jul 29, 2010, 07:53 PM

This Special Master would that be there lawyer? (WI)

AK lawyer · Jul 29, 2010, 08:09 PM

Originally Posted by patzy53

This Special Master would that be there lawyer? (WI)

Actually, it would be called a "receiver" in Wisconsin. But no: the idea is that the receiver is an impartial someone not affiliated with any of the parties.

820.01 Complaint; trial, how had. When any of the owners of personal property in common shall desire to have a division and they are unable to agree upon the same an action may be commenced for that purpose. Such action shall be tried by the court and if in its opinion a division of such property can be had without a sale thereof judgment shall be given accordingly and the property shall be divided, in accordance with the interest of the parties therein, and each owner shall be vested with the full title of the share awarded to the owner by the judgment in severalty. The court may appoint a receiver, enter an interlocutory or final judgment in order to do complete justice

Wisconsin Legislature Data

----
Oops. The statute I quoted pertains to personal property. But it's the same idea.

840.03 Real property remedies.

840.03(1)
(1) Any person having an interest in real property may bring an action relating to that interest, in which the person may demand the following remedies singly, or in any combination, or in combination with other remedies not listed, unless the use of a remedy is denied in a specified situation:
...
840.03(1)(c)
(c) Partition of interest.

http://nxt.legis.state.wi.us/nxt/gat...s&jd=ch.%20820