Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Wisconsin attorney.
Detailed Answer — How to start a partition action in Wisconsin
If you inherited real property with another person who refuses to cooperate, you can ask the circuit court to divide or sell the property through a partition action. In Wisconsin, partition actions are governed by Chapter 842 of the Wisconsin Statutes. See: Wis. Stat. ch. 842. Below are the practical steps you should expect and the legal points to know.
1. Confirm who actually owns what
Before filing, identify the legal owners and the type of ownership. Common forms after an inheritance are tenants in common (each person owns a share) or ownership based on a will or trust. Review the deed, the will, probate documents, and any trust instruments. If the property passed through probate, check the estate paperwork for how title was transferred.
2. Try to reach an agreement first
Court action is expensive and slow. Attempt to negotiate a buy-out, mediation, or voluntary sale. Offer a written buy-out proposal or suggest using a neutral appraiser to set a fair market value. Courts in Wisconsin encourage settlement before forcing a sale or division.
3. Gather key documents
- Current deed(s) showing ownership.
- Probate or trust papers if the property was transferred after death.
- Mortgage statements, tax bills, and information about liens.
- Evidence of contributions (improvements, payments) if you will ask the court to account for unequal contributions.
- Any written offers, communications, or mediation records.
4. Decide where to file
File the partition action in the Wisconsin circuit court for the county where the property is located. The circuit courts handle real estate partition cases. See Wisconsin Courts: wicourts.gov.
5. Prepare and file the complaint for partition
The complaint should identify the property, list all known owners and their last-known addresses, state the basis of your ownership claim, and ask the court to partition the property. You will name all co-owners and any lienholders or parties with recorded interests. The court will require proper service on each defendant. Wisconsin partition procedure is set out in Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.
6. Service of process and joinder of necessary parties
Every person with an interest in the property must be served. If you cannot locate someone, the court may allow substituted service or service by publication following Wisconsin civil procedure rules. Include mortgage holders and judgment creditors because their claims may affect proceeds.
7. Interim remedies
If a co-owner is damaging the property, removing fixtures, or failing to pay mortgage/taxes, you can ask the court for temporary relief (e.g., injunctions, appointment of a receiver to collect rents and pay bills). Request these in your initial filings if needed.
8. Partition in kind versus partition by sale
The court will consider whether the property can be fairly divided (partition in kind) or whether it must be sold and proceeds divided. Wisconsin law allows either physical division or sale depending on feasibility and fairness. The court may appoint commissioners or referees to examine the property and propose a division or sale plan. See Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.
9. Valuation, commissioners, and sale
If a sale is required, the court typically orders valuation (appraisals), appoints commissioners or referees to sell the property, and supervises the sale process. After sale, the court distributes proceeds after paying mortgage(s), liens, costs, and any allowances for improvements or contributions the court finds equitable.
10. Possible outcomes and costs
Outcomes include a physical division, one co-owner buying out the other, a court-ordered sale, or settlement. The court can order costs and fees to be paid from proceeds; the party seeking partition may or may not recover attorney fees depending on facts and equities. Expect weeks to many months from filing to resolution; contested cases take longer and cost more.
11. Common defenses and complications
Co-owners may contest ownership, claim homestead or survivorship rights, claim equitable offsets for payments or improvements, or assert liens. If a co-owner is a minor, incapacitated, or unknown, the court will require additional protective steps before final distribution.
12. Practical options sometimes faster than litigation
- Negotiate a buy-out using an independent appraisal.
- List the property for sale and split net proceeds after costs.
- Use mediation or neutral valuation to reach agreement without court.
References and statutes
Primary Wisconsin statute for partition actions: Wis. Stat. ch. 842 — Partition. For court procedure and filing, see the Wisconsin Circuit Courts: https://www.wicourts.gov.
Helpful Hints
- Start by getting a copy of the deed and any probate documents from the county register of deeds and probate court.
- Document expenses and improvements you paid; courts will consider them when distributing proceeds.
- Obtain a current market appraisal before making offers or starting litigation.
- If you need immediate protection (e.g., someone changing locks or removing property), ask the court for temporary relief when you file.
- Filing county matters: file in the circuit court where the property is located. Visit Wisconsin circuit court locations for local contact and filing rules.
- Consider mediation early. A mediated buyout or sale often saves time and money.
- Keep written records of any offers, payments, or communications; they help the court understand the dispute.
- Budget for court costs, appraisal fees, and attorney fees — partition actions can be costly if contested.
If you want, provide basic facts (county, how title was received, whether mortgages exist, and whether any co-owner lives on or rents the property). With those facts, a Wisconsin attorney can advise the best next step and estimate likely costs and timeline.