How can we sell our half of the duplex separately?

Full question:

We bought a home 5 years ago -1/2 of a duplex. These duplexes used to be part of a condominium association many years ago. The original property owner of several of the condos died and the association officers just let the association dissolve. There was no record of a formal dissolution in the register of deeds when we purchased our home. Our duplex neighbor used a real estate attorney to separate the building - not the land. We are going to sell our property in 2010 and need advice about how to make sure our property can be sold separately from the other duplex. Would the legal action our neighbor took serve our needs, as well?

  • Category: Real Property
  • Subcategory: Partition
  • Date:
  • State: Wisconsin

Answer:

I'm not sure what specific action your neighbor's attorney took, but it may involve partitioning the building. Partitioning typically allows co-owners to separate their interests in a property, either through sale or division. If your neighbor successfully partitioned the building, you should be able to sell your half without affecting the other half. However, check for any restrictive covenants in the deed that might limit property use. Since I can't provide legal advice, I recommend consulting your neighbor's attorney or another local attorney who can review your specific situation and documents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Selling one side of a duplex can be challenging due to shared ownership and potential legal complexities. If the duplex is not legally divided, buyers may be hesitant. However, if you have successfully partitioned the property or have clear legal documentation, it can simplify the sale process. Always ensure that any restrictions or covenants are addressed before listing your property.