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Wisconsin Real Estate Law Questions & Answers
2 Answers | Asked in Construction Law, Personal Injury and Real Estate Law for Wisconsin on
Q: Can I sue for injuries from falling into a trench on a construction site with exposed rebar?

I fell into a trench on a construction site where underground wiring work was being done, and an exposed rebar punctured my left leg. There were no warning signs, barriers, or ropes around the trench. The rebar pierced my left knee, went in about 4-5 inches, and hit my superficial femoral artery. I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a WI quiet title , if you sent Complaint and it's been served by Sheriff's Office but forgot summons, what do you do?

Is it necessary to send it?

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answered on Feb 11, 2025

Unless the Complaint and Summons was served on the defendant, no service occurred. You will need to pay for another Complaint and Summons to be served on that defendant, who is now aware of the suit and will probably avoid service.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a Quiet Title Action, in WI, should you try mailing a quit claim deed before the defendant has given a response?
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answered on Feb 11, 2025

I assume you are trying to settle the case. If so, you could write a letter to the defendant about what you are trying to do, and that execution and delivery of a proper quit claim deed will resolve the legal issues as to that defendant/grantor. You may wish to voluntarily dismiss the case as... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am an officer in a small condo HOA in Wisconsin. We are soliciting quotes for insurance coverage...

as a series of six twinplexes without revealing we are an HOA. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Whether or not what you are doing is legal or illegal under Wisconsin law (a local attorney should advise there, as insurance practices are governed largely by state law - it does not sound like something that... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Wisconsin on
Q: Am I allowed to repossess my own vehicle in Wisconsin?

I legally own a vehicle outright, with my name on the title. Someone else has possession of it, but they are not co-signers, co-owners, or in any agreement regarding the use of the vehicle. They have had it for a few months and have been ignoring my attempts to communicate about getting it back. Am... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can legally reclaim your vehicle in Wisconsin, but there are important legal boundaries to keep in mind. Even though you’re the titled owner, the law doesn’t allow you to simply take the vehicle back without following proper procedures. If you attempt to retrieve it without consent or... View More

1 Answer | Asked in Child Custody, Contracts, Landlord - Tenant, Family Law and Real Estate Law for Wisconsin on
Q: Can my girlfriend take our child without telling me where they are and my car registered in my name?

I have no formal custody agreements with my girlfriend, and she has taken our child without informing me of their whereabouts. She also took my car, which is registered in my name, despite our verbal agreement that it should only be used for work purposes. This is the second time she has done this,... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation sounds incredibly stressful, and your concern for your child’s safety is completely valid. In Wisconsin, if there’s no formal custody order in place, both parents typically have equal rights to the child. That said, taking the child without telling you where they are—especially... View More

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: How to resolve a survey discrepancy for building compliance?

I hired a surveyor to determine the 25 ft line for building compliance on my property, but the crew conducted only a corner-to-corner survey, which wasn't my request. Their boss assured me they'd address any issues. I'm withholding payment until the specific survey I requested is... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation is understandably frustrating, especially when you made a specific request and didn’t receive the service you expected. If the surveyor’s team performed a general corner-to-corner survey instead of marking the 25-foot building line you needed for compliance, then they didn’t... View More

1 Answer | Asked in Contracts, Construction Law and Real Estate Law for Wisconsin on
Q: How to cancel window installation if roof is leaking under contract?

I have a contract with a company for a new roof and windows, both of which are already paid for. The roof was installed late last summer, but it is leaking. I have contacted the company, and they are working on resolving the roof issue. However, they say I cannot cancel the windows, which have not... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a frustrating situation, especially after already paying in full. In Wisconsin, canceling a contract like this can be tricky if the windows were part of the same agreement as the roof, unless the contract includes specific cancellation terms. Since the roof is leaking and they’re... View More

1 Answer | Asked in Real Estate Law and Contracts for Wisconsin on
Q: What can I do if my co-owners want to occupy our jointly-owned cabin all summer?

My brother, his wife, and I jointly own a cabin that is not winterized, so it's closed from October until May. They plan to live in the cabin throughout the summer without discussing the matter with me, which is upsetting as we have always divided everything equally. My sister was once an... View More

Anthony M. Avery
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answered on Mar 11, 2025

All tenants in common have the same rights of title and possession. Outside of filing suit for a Partition Sale, no other legal actions are available outside of criminal complaints for assault, etc. (which you do not want).

1 Answer | Asked in Contracts, Business Law and Real Estate Law for Wisconsin on
Q: Can I charge my sibling rent for using our co-owned cabin in Wisconsin?

I co-own a cabin with my sibling, and we currently share expenses evenly. My sibling, who lives in Arizona, wants to buy me out but has stated he can't afford to do so right now. He intends to spend the summer living at the cabin. Am I within my rights to charge him rent for his use of the... View More

Anthony M. Avery
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answered on Mar 6, 2025

No, both of you are tenants in common. If a partition suit occurs, then you might ask for reimbursement of your expenses.

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Q: How do I claim my rightful 25% inheritance from a transfer on death deed in Wisconsin?

In 2009, my father changed the deed on his home to transfer on death to his four children, including me, my sister, and two other siblings, with us specifically named. My father passed away in December 2024, and the transfer on death was formally recorded and notarized. My sister has lived in the... View More

Anthony M. Avery
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answered on Feb 24, 2025

Hire a WI lawyer to file suit for partition.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Wisconsin on
Q: How can i sue the co-borrower and get my half of my marital property ?

My husband (borrower) and his younger brother (co- borrower) own a property since october 2016. My husband marry me in december 2019. In september 2023 the co-borrower quit his job because of a personal argument with the borrower. Mortgage is paid through the co-borrower's bank account. The... View More

Anthony M. Avery
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answered on Dec 10, 2024

Hire an attorney to file a partition action.

1 Answer | Asked in Real Estate Law and Small Claims for Wisconsin on
Q: Do I have legal options for remedying an issue with a smoking neighbor in a non-smoking multi-tenant residential unit?

I live in a residential + commercial zoned, multi-tenant building designated as non-smoking by the building owner, and have a neighbor who I've good reason to believe is smoking in the neighboring apartment. It stinks up my apartment during the late hours and irritates my lungs while I believe... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal and the impact it has had on your health. While some questions go unanswered, you could try reposting and including "Landlord-Tenant" as a category. Attorneys who practice... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Allodial title to my property my full ownership and tax laws. Also I am retired.
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answered on Aug 5, 2024

Allodial title refers to a property ownership concept where the owner holds the land free and clear of any superior landlord. In the United States, true allodial title is virtually non-existent. Instead, most property ownership is under a fee simple title, which means you have complete ownership... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: when 4 sibling equally own a property what happens when kids come along with varying number in each family?
Anthony M. Avery
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answered on Jul 23, 2024

Not sure of your question. But if a tenant in common dies then his issue take his share by representation. It is just a standard heirship determination.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If 3 people own a property equally and two want to sell it. Does it have to be sold? Or do you all have to agree?

Property inherited by siblings in equal portion. One, or possibly two want to sell. The third absolutely does not. Does the majority rule? Would the third have to buy out the other two at market value to keep it? The Property is in northern Wisconsin. It was a family vacation home that was left to... View More

Anthony M. Avery
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answered on Apr 15, 2024

Any TIC can file suit for a Partition Sale. Hire a WI attorney to force a sale.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My sister has poa she sold my parents property. So she didn't have to bother with it when she got old

My mom is an invalid, she also conned her into signing papers. My mom's brain has healed. Dhe is in nursing home against her will sldo

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answered on Dec 5, 2023

Mother needs to revoke the power of attorney and hire an WI attorney to sue sister. Attorney In Fact has fiduciary duties to her Principal. Any transfers to herself are presumptively fraudulent. Unless you are Mother's Conservator/Guardian, you have no standing.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I'd like to add my wife to the deed on my home in Wisconsin. Do I just file a notarized Quit Claim and get it recorded?

The mortgage is paid.

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answered on Nov 28, 2023

If you did that, she would own the fee. Hire an WI attorney to consult about what estate to convey to her. Then execute and record the Deed.

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