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 unsure what the nature of the other attorney's action was, but it may be that the building was partitioned so that title to each half is now deeded separately to separate owners as two individual properties. An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. If the property was partioned, selling one of the partioned interests should be allowed without affecting the other property interest. However, it is possible a restrictive covenant exists in the deed, limiting the use of the property. We are prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest contacting the neighbor's attorney or consulting another local attorney who can review all the facts and documents involved.
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