Detailed Answer
Disclaimer: This information is for educational purposes and not legal advice.
Under Wisconsin law, a party can force the sale of co-owned property through a partition action under Wis. Stat. ch. 845. When co-owners cannot agree to hold, divide, or sell real estate, any co-owner may petition the circuit court for partition. See Wis. Stat. § 845.01.
To start, the co-owner (petitioner) files a partition complaint naming all co-owners as defendants. The complaint must state each party’s interest in the property and request either a physical division (partition in kind) or a sale. The court serves a summons and the complaint on all parties.
If co-owners seek physical division, the court may appoint three commissioners to value and attempt a division under Wis. Stat. § 845.08. If division proves impractical or would diminish the property’s value, the court will order a sale.
Under Wis. Stat. § 845.06, the court directs a sheriff or referee to sell the property at a public auction. After the sale, the official submits a report of sale and proposed distribution of proceeds.
At a hearing, the court reviews the report, addresses any objections, and issues a judgment to distribute sale proceeds among the parties according to their respective interests and any liens. See Wis. Stat. § 845.07. The entire process typically takes several months, depending on court schedules and disputes among co-owners.
Helpful Hints
- Gather deeds, titles, and mortgage records before filing.
- Identify all co-owners by name and address accurately.
- Consider mediation to avoid the time and cost of court.
- Understand that sale proceeds first pay liens and costs, then co-owners.
- Hire a real estate appraiser to establish fair market value.