Madison, WI asked in Real Estate Law for Wisconsin

Q: I am the co-owner of a property and solely maintain and pay the taxes. What recourse do I have against the other owner?

The co-owner is my brother. The property was left in both of our names. The property is an old family farm with no residents. I maintain the property myself and am the only one paying the property taxes. Ideally I'd like to be the sole owner of the property. What options do I have to take eventual full ownership? If I continue to be the sole party paying taxes will the property default to my name? If the property is sold or I cash out my brother can I claim old property taxes and maintenance against my bothers equity share?

Thanks for the help! Just trying to get a feel for how I can move forward on this issue.

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1 Lawyer Answer

A: The most logical solution is for you to purchase your brother's half. More information about how the property was transferred to you and your brother is needed to provide more meaningful advice. But, in general, where siblings cannot agree on the disposition of property, courts are willing to convey the property to the sibling that is taking care of everything and willing to buy out the other sibling.

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