Legal Question in Real Estate Law in Wisconsin

I own a house with my ex-boyfriend, also the father of 2 of my children. Last July, he signed a year lease elsewhere and moved out without any warning. He is unable to renew that year lease and has decided he is moving back into this house whether I like it or not. Is there anything I an do to stop this?

Asked on 6/04/18, 6:22 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, your attorney can force a sale of your commonly owned real estate under a court order, using a law suit known as an action for partition. It is ultimately sold to the highest bidder, which could either be one of the other owners buying the other out, or a third party. Short of that, owners of real estate have the right to be present there, even if there are other owners who object, unless some other sort of court order forbids it, such as a restraining order. A partition lawsuit would be an expensive process, so you both would be far better off by negotiating a voluntary sale or other resolution between yourselves, such as a buyout under a payment plan or land contract, if neither of you can get your own financing. Short of that, the law is not likely to offer either of you an acceptable, practical solution.

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Answered on 6/14/18, 1:53 am

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