Detailed Answer

If a co-owner refuses to continue mediation and will not agree to a voluntary sale, a co-owner in Wisconsin can usually force a sale by filing a partition action in circuit court. Wisconsin law provides a formal process for dividing or selling jointly owned real property when owners cannot agree. See the Wisconsin statutes on partition (Chapter 842) for the controlling law: Wis. Stat. ch. 842.

What a partition action does

A partition action asks the court to either:

• Order a partition in kind — physically divide the land among the owners if that is practical, or
• Order the sale of the property and a division of the sale proceeds among the owners if dividing the land is impractical.

Courts typically prefer partition in kind when it is feasible, but they will order a sale if the property cannot be fairly divided or if division would substantially prejudice the owners’ interests.

Typical steps in a Wisconsin partition case

1. Prepare and file a complaint for partition. The complaint names all co-owners and any lienholders and asks the court for partition in kind or, if that’s impracticable, a sale and distribution of proceeds. (See Wis. Stat. ch. 842.)
2. Serve the co-owner(s) and any lienholders. All parties with a recorded interest must be served so the court can resolve rights in the property.
3. Court may order temporary relief. The court can issue orders to preserve value (e.g., prohibit waste, require upkeep, or require insurance) while the case proceeds.
4. Fact-finding and valuation. The court may order an appraisal or other fact-finding about how the property should be divided or sold. The parties can present evidence of ownership shares, contributions, mortgages, rents, and expenses.
5. Commissioner or referee appointed to sell. If the court orders a sale, it typically appoints a commissioner or referee to manage the sale (public auction or court-approved private sale), accept bids, report results, and account for liens, taxes, sale costs, and distribution of proceeds.
6. Distribution and final judgment. After payment of valid liens, taxes, expenses, and court-ordered adjustments (for improvements, contributions, or rents), the court enters a judgment distributing the remaining proceeds according to ownership shares.

How ownership share and debts affect the outcome

Distribution normally follows the owners’ legal interests (for example, tenants in common usually split proceeds according to their ownership percentages). Liens, mortgages, and unpaid taxes attached to the property must be paid from sale proceeds before owners receive net amounts. The court may also account for unequal contributions to mortgage payments, improvements, or expenses.

Practical and timing considerations

Partition actions can take several months to more than a year, depending on complexity, court schedules, whether appeals occur, and whether a sale is contested. Expect court fees, appraisal costs, commissioner fees, and attorney fees. The court may apportion costs among the parties, but attorney fees are not automatically awarded; a party should request fees and provide legal basis if seeking them.

Hypothetical example

Two friends own a rental house as tenants in common. One owner wants to sell. The other stops responding and refuses further mediation. The first owner files a partition complaint in the county circuit court, names the mortgage lender as a defendant, requests a sale, and asks the court to appoint a commissioner to sell the property. The court orders an appraisal, appoints a commissioner, approves a court-supervised sale, pays the mortgage and sale costs from the proceeds, and then divides the net proceeds according to the owners’ ownership percentages.

Alternatives to a forced sale

Before or during litigation, consider these alternatives to forced sale:

• Offer a buyout — propose to buy out the other owner’s share (use an independent appraisal).
• Refinance or restructure ownership — one owner may refinance to buy out the other.
• List the property for sale and split proceeds outside court — agreement avoids litigation costs.
• Use mediation or settlement — some courts or local programs still encourage ADR even after talks have stalled.

If these options are not possible, a partition action is the primary legal path to force a sale.

Where to find the law and court resources

Partition statutes: https://docs.legis.wisconsin.gov/statutes/statutes/842
Wisconsin Courts (general forms and court information): https://www.wicourts.gov

Helpful Hints

• Collect title documentation now: deed, chain of title, mortgage statements, tax bills, and any lease or rental agreements.
• Get an independent appraisal early to establish market value.
• Document contributions: payments toward mortgage, taxes, repairs, and improvements — courts may adjust distributions to reflect these.
• Preserve communication: keep written records of offers, refusals, and mediation attempts; they can help the court assess whether one party unreasonably blocked a sale.
• Consider interim protection: ask the court for orders to prevent waste (damage, removal of fixtures, or unauthorized encumbrances) while the action is pending.
• Budget for costs: file fees, appraisal and commissioner fees, sheriff or publishing costs for sale, and attorney fees if you hire counsel.
• Talk to a Wisconsin real property attorney early to review your facts and the likely costs vs. benefits of filing a partition action.

Next step: If you believe a partition action is necessary, contact a Wisconsin real property attorney to review your title, ownership shares, liens, and options. They can prepare and file the complaint, handle service, and represent you in court.

Disclaimer: This article explains general Wisconsin law and is intended for informational purposes only. It is not legal advice. Consult a licensed Wisconsin attorney about your specific situation.