Detailed Answer
This answer explains how a co-owner of real estate in Wisconsin can force a sale when co-owners cannot agree. It summarizes the common legal route (a partition action), practical steps you can take first, and what to expect in court. This is general information and not legal advice.
What legal remedy lets a co-owner force a sale?
Under Wisconsin law, a co-owner may bring a partition action in the circuit court where the property is located. A partition action asks the court to divide the property among the owners (partition in kind) or, when division is impracticable, to order a sale and divide the proceeds. The basic right to bring a partition action is found at Wisconsin Statutes Chapter 842; see, for example, the statute authorizing partition actions: Wis. Stat. § 842.01.
Who can file a partition action?
Generally any co-owner of the property—whether a tenant in common or a joint tenant—can file for partition. The court will consider the type of co-ownership and each person’s fractional interest, but the right to seek partition is widely available to co-owners.
Typical procedural steps
- Try negotiation first. Courts prefer parties try to resolve disputes if possible. Offer a buyout, mediation, or sale by agreement. A written buyout offer with a proposed valuation can save time and money.
- Collect documentation. Gather the deed, title report (if available), mortgage statements, property tax bills, and any written agreements among the co-owners. Prepare evidence of contributions if you want to argue unequal shares or reimbursements.
- File the partition complaint. If negotiation fails, file a complaint for partition in the circuit court in the county where the property sits. The complaint names all co-owners and known lienholders. The court will issue process and notify parties.
- Pre-trial procedures and hearings. The court may schedule hearings to determine ownership interests, liens, and whether partition in kind is practicable. The court often orders appraisals or appoints a commissioner to assist.
- In-kind partition or sale. If the court finds the land can be fairly divided, it may order partition in kind. More commonly for a single house on one lot, the court will find in-kind division impracticable and order sale. The procedure for sale and distribution of proceeds is governed by the partition statutes and court rules; see Wis. Stat. § 842.03.
- Paying liens and dividing net proceeds. Proceeds from a court-ordered sale generally pay mortgages, liens, court costs, and sale expenses first. The remaining net proceeds are divided according to each owner’s legal share.
What the court considers when deciding whether to order a sale
The court will consider whether it is practical and fair to divide the property physically (in kind). Factors include the land’s size, improvements (a single house on a single lot usually cannot be divided without destroying value), the owners’ fractional interests, and any agreements among owners. When in-kind partition would impair value or be impractical, the court commonly orders a sale and distribution of proceeds.
Practical issues: timing, costs, and outcomes
Partition actions can take months to over a year depending on complexity, required appraisals, and court scheduling. Costs include filing fees, attorney fees, appraisals, potential commission for sale, and court-ordered expenses. If you believe you will recover less than your out-of-pocket costs, consider settlement or buyout before filing.
Alternatives to filing suit
- Negotiate a buyout: value the property and offer to purchase the other owners’ shares.
- Mediation: a neutral mediator can help reach a sale or buyout agreement.
- Sell by agreement and split proceeds privately, avoiding court costs.
- Refinance or pay off encumbrances to make a private sale easier.
When to consult an attorney
Talk to a Wisconsin real property attorney before filing if liens, unequal contributions, disputes over shares, tax consequences, creditor claims, or possible bad acts (waste, concealment of assets) exist. An attorney can explain whether partition is the best route and help prepare the complaint, necessary notices to lienholders, and request for sale.
Where to read the statutes
Key parts of Wisconsin’s partition law are in Chapter 842. You can read the statutes at the Wisconsin Legislature’s website: Wis. Stat. ch. 842 (Partition). For the statute authorizing a partition action, see § 842.01. For provisions addressing sale and distribution procedures, see § 842.03.
Helpful Hints
- Start with clear communication. A written proposal to buy out other owners or to sell can avoid court.
- Get a current market valuation or professional appraisal before making offers or filing suit.
- Keep careful records of contributions to mortgage payments, taxes, and repairs; they can affect division of proceeds.
- Identify and list all lienholders and mortgage accounts. The court will require notice to lienholders before an orderly sale.
- Consider mediation early—many courts and attorneys encourage alternative dispute resolution to avoid costly litigation.
- Expect to pay court costs and fees. If one co-owner is judgment-proof, collection of a money judgment may be difficult even after a favorable court order.
- Consult a Wisconsin attorney experienced in real property and partition practice to evaluate risks and timing specific to your situation.
Disclaimer: This article provides general information about Wisconsin law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Wisconsin attorney.