Detailed answer — What you need to know and do

1. Who can bring a partition action in Wisconsin?

Under Wisconsin law, any person with an ownership interest in real property may start a partition action. The statutes describe how these actions are commenced and who must be made a party. See Wis. Stat. ch. 842 for the basic rules, including who may bring the action and who must be named as parties: Wis. Stat. §842.01, §842.03.

2. First step: confirm how title passed after your father’s death

Before you file, determine whether the house is now owned by:

• the estate (still in probate),
• the named beneficiaries or heirs (probate concluded),
• joint owners with right of survivorship, or
• someone else (e.g., deed transferred before death).

If the property remains titled in the decedent’s name and probate is open, talk with the personal representative. If probate is closed and title shows co-owners (for example, tenants in common), a partition action is typically available to divide or sell the property.

3. Prepare the petition (complaint)

A partition petition filed in the circuit court where the property sits must include:

• the legal description and street address of the property,
• the name and address of each person who has or claims an interest,
• a statement of the type of ownership claimed (tenants in common, etc.), and
• a clear prayer asking the court to partition the land or order its sale.

Wisconsin explains how a partition action is commenced: Wis. Stat. §842.02. The court will require proper identification of parties and may require proof of ownership.

4. Make all necessary parties

You must include every person who holds an interest in the property and certain lienholders. If you can’t locate an owner or heir, the court permits published notice in some circumstances. See the notice provisions at Wis. Stat. §842.04.

5. File the petition and serve the parties

File the petition in the circuit court for the county where the property is located. Pay the filing fee and follow local court rules for civil filings. After filing you must serve each named party with the summons and petition according to Wisconsin civil procedure and the partition statute’s notice rules.

6. What the court can order

The court may:

• order a physical division (partition in kind) when it is practicable and fair,
• appoint a referee, commissioner, or surveyor to prepare a division plan, or
• order a sale of the property when division in kind is impracticable or would cause great prejudice to owners. See §842.05 and §842.06.

If the property is sold, the court oversees distribution of sale proceeds after paying liens, taxes, costs, and the court’s fees.

7. Practical timeline and costs

Partition cases vary. Simple uncontested matters can resolve in a few months; contested matters or complex title issues can take a year or more. Costs include filing fees, service fees, attorney fees (if you hire counsel), appraisal and survey costs, and costs to sell the property. The court can sometimes charge these costs against the property sale proceeds.

8. When the property is in probate or a surviving spouse has rights

If the decedent’s estate is open, the personal representative may control estate property. Partition while probate is pending raises additional procedural and ethical issues. Likewise, surviving spouse homestead or family allowance rights may affect whether and how the property can be sold. These issues are fact-specific; consider getting legal advice early.

9. Enforcement and sale mechanics

If the court orders a sale, it will usually appoint a person (often a commissioner) to sell at public auction or by other means and report to the court. The court then approves the sale and directs how proceeds are distributed.

10. Example (hypothetical)

Suppose your father’s will left his house equally to you and your sister as tenants in common and probate is complete. You want the house sold. You file a partition petition in the county where the house sits, name your sister and any mortgage lender as parties, serve them, and ask the court to sell the house. If the court finds division in kind impractical, it can order sale and divide proceeds between you and your sister after paying liens and costs.

Key Wisconsin statutes

• Who may start a partition action: Wis. Stat. §842.01
• How the action is commenced: Wis. Stat. §842.02
• Persons to be made parties: Wis. Stat. §842.03
• Notice and service rules: Wis. Stat. §842.04
• Partition, survey, and sale discretions: Wis. Stat. §842.05, Wis. Stat. §842.06

Helpful hints

• Get a full title search early to confirm current owners, mortgages, liens, and recorded documents.
• Collect the deed, will, death certificate, probate papers, and mortgage statements before filing.
• Talk to the personal representative if probate is open—cooperate where possible to avoid unnecessary lawsuits.
• Consider a buyout: sometimes a co-owner will purchase your share at an appraised price to avoid a sale.
• Use mediation or negotiation first; partition litigation can be slow and costly.
• Keep property-related expenses current (mortgage, taxes, insurance) to avoid liens that consume sale proceeds.
• Understand tax consequences—capital gains or estate tax issues may affect net proceeds. Check with an accountant or tax attorney.
• Hire an attorney licensed in Wisconsin for complicated title questions, probate overlap, or contested partitions.