Overview
This FAQ explains how to start a partition action in Wisconsin when a co-owner will not agree to divide or sell jointly owned real property. It walks through the practical steps, filings, and what to expect from the circuit court. This is general information only and not legal advice. For advice specific to your situation, consult a licensed Wisconsin attorney.
Legal basis
Partition actions in Wisconsin are governed by Chapter 842 of the Wisconsin Statutes. The court has authority to divide property in kind when practicable or order a sale and divide the proceeds when division in kind is impractical. See Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842. For court procedure and filing information, visit the Wisconsin Courts website: https://www.wicourts.gov.
Step-by-step: How to start a partition action in Wisconsin
- Confirm you have standing. Partition suits are typically available to co-owners of real estate (tenants in common or joint tenants). Make sure you hold a legal interest in the property you want partitioned (deed, will, or court order showing ownership).
- Gather documentation. Prepare copies of the deed(s) showing ownership; the legal description of the property; any mortgages, liens, or leases affecting the property; and the names and current addresses of all persons with an ownership interest or a recorded lien. A title search is often helpful to identify all interested parties.
- Try informal resolution first. Before suing, attempt written demand for partition or sale, offer buyout proposals, or mediation. Courts look favorably on reasonable attempts to resolve the dispute. If the other co-owner refuses, document your attempts (letters, emails, certified mail receipts).
- Decide where to file. File the partition complaint in the Wisconsin circuit court for the county where the property is located. The Wisconsin Courts site lists county circuit court locations and contact info: https://www.wicourts.gov/courts/.
- Draft the complaint for partition. A typical complaint should state: (a) your name and interest; (b) the names and interests of all other co-owners or lienholders; (c) a clear legal description of the property; (d) facts showing co-ownership and that partition is sought; and (e) the relief requested (partition in kind or sale, appointment of commissioners, accounting for rents, injunction to prevent waste, etc.). Include a proposed order if your county practice requires it.
- File the complaint and pay fees. File with the circuit court clerk in the proper county and pay the filing fee. Fees and local procedures vary; contact the county circuit court clerk for current fees and specific filing instructions.
- Serve all defendants. After filing, serve every co-owner and recorded lienholder with a summons and a copy of the complaint according to Wisconsin service rules. Proof of service must be filed with the court.
- Responding and default. Defendants have a set time to answer. If a defendant does not respond, you may seek a default judgment, but courts often require notice and may still protect certain rights of absent parties. If defendants answer, the case proceeds through pleadings, discovery, and possible mediation or trial.
- Ask the court to divide or sell. Wisconsin courts will order a physical division (“partition in kind”) if it is practical and fair. If dividing the property would be impractical or would substantially reduce value, the court can order a public sale and division of proceeds. The court may appoint commissioners, referees, or a seller to carry out division or sale under court supervision (see Wis. Stat. ch. 842).
- Handle accounts, liens, and costs. The court resolves how proceeds are distributed after paying liens, mortgages, and court-allowed expenses (including costs of sale and, in some cases, costs of the action). You may ask the court to account for rents, profits, or waste caused by a co-owner.
- Final judgment and distribution. After sale or division and after payment of debts and costs, the court enters a final judgment directing distribution of the remaining proceeds to owners according to their legal interests or as the court orders.
What to include in your initial filing
- Clear legal description of the property (from deed or tax record).
- Copy of the recorded deed or other document showing your interest.
- List of all parties with ownership or recorded liens, with current addresses if known.
- Statement of the relief you want (partition in kind or sale, appointment of commissioners, accounting, injunctions).
- Copy or statement of any attempts to resolve the matter informally.
Typical timeline and costs
Timelines vary widely. A straightforward partition by sale with cooperative parties can take a few months to a year; contested cases can take longer if there are complex title issues, multiple parties, or appeals. Costs include court filing fees, service fees, appraiser and commissioner fees, advertising and sale costs, and attorney fees if you hire counsel. Contact your county circuit court clerk for specific fee schedules and procedures.
Common complications
- Unknown or missing owners. The court may require extra notice steps to protect absent parties.
- Lenders and liens. Mortgages and recorded liens usually must be paid from sale proceeds or otherwise resolved.
- Title disputes or adverse possession claims. These claims can greatly complicate and lengthen the case.
- Requests for attorney fees. Wisconsin courts sometimes award costs; attorney fee awards are fact-specific and limited.
When to get a lawyer
Consider hiring a Wisconsin attorney if the case involves multiple owners, complex title issues, substantial liens, possible counterclaims, or if you want to protect your financial interest fully. An attorney can prepare pleadings, run a title search, represent you at hearing, and expedite settlement discussions or sale.
Helpful links
- Wisconsin Statutes, Chapter 842 (Partition): https://docs.legis.wisconsin.gov/statutes/statutes/842
- Wisconsin Courts (circuit court contact and general filing information): https://www.wicourts.gov
Helpful Hints
- Start with a title search. It identifies all owners and liens before you file.
- Document every attempt to resolve the dispute in writing. Courts prefer parties who tried to settle.
- File in the county where the property is located. The circuit court there has the proper jurisdiction.
- Include a precise legal description in the complaint to avoid delays.
- Ask the clerk about local forms and fee waivers if you can’t afford filing fees.
- Keep records of expenses, rents, and improvements; the court may allocate costs or credit owners accordingly.
- Consider mediation early — it can save time and reduce costs even when one co-owner initially refuses to agree.
Disclaimer: This article explains general Wisconsin law and is for informational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law. For personalized legal advice about your partition matter, consult a licensed Wisconsin attorney.