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How Can I Sell a Joint Ownership Property When My Partner Does Not Want To Sell?

Attorney Thomas B. Burton answers a reader question about the reader's options for selling a condo owned jointly with another person when the other person does not want to sell.

Transcript of Video: How Can I Sell a Joint Ownership Property When My Partner Does Not Want To?

Today's question comes from Madison

Wisconsin and it's the following how can

I sell a joint ownership property when

my partners plural does not want to do

it and the property is now in a transfer on

death deed to his son so here's the

background my partner and I own a condo

in Madison Wisconsin so it sounds like

just one partner I've been trying for

years to sell it to him but he refuses

to buy me out now he has set up a

transfer on death deed to his son as his

beneficiary and to avoid the sell

without my consent I need to know how to

proceed to liquidate the property to

force him to buy me out I do not want to

wait until he dies to be able to sell it

I am 65 years old and he is 70 so it

sounds like there's a few things going

on here but if you own this property as

joint ownership as tenant in common with

this partner then he or she has the

right to dispose of their interest as

they wish that includes them putting

that transfer on death deed on the

property where saying upon your

partner's death his interest in the

property passes to his son that

transfer on death deed only takes effect

if and when he dies as you realize so

that's why he is able to do that without

triggering some sort of sale clause you

mentioned my question for you would be

do you have this inside an LLC or

partnership because then you could refer

to the operating agreement it might

cover what happens when you have a

dispute like this if not if you just own

it outright with this one other person

you may need to petition the court in

Dane County for what we call a partition

action and ask the judge to divide the

property in this case if it's a condo it's

unlikely they could divide it meaning

literally you know cut it in half so the

judge would likely order a sale so I

suggest you talk with a local real

estate attorney about your options

because you may need to do this

partition action

if you truly want to force your partner

to buy you out. Great question and thank

you for asking!

© 2019 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

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