What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in WI? | Wisconsin Partition Actions | FastCounsel
WI Wisconsin

What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in WI?

Detailed Answer

Under Wisconsin law, a partition action lets co-owners divide or sell jointly owned land when relatives cannot agree on its use or disposition. The statute governing this process is Wis. Stat. § 846.01 (https://docs.legis.wisconsin.gov/statutes/statutes/846/01), which allows any co-owner to seek court intervention. Below are the key steps:

  1. Confirm Ownership and Interests
    Obtain a recent title report or deed history to identify all current co-owners and their ownership percentages. Ensure you include spouses or heirs with recorded interests.
  2. Choose Proper Venue
    File your petition in the circuit court of the county where the property lies. Wis. Stat. § 801.50 governs venue for real estate actions (https://docs.legis.wisconsin.gov/statutes/statutes/801/50).
  3. Draft the Petition
    Your petition must include:
    • A legal description of the property
    • The names and last-known addresses of all co-owners
    • An allegation that co-owners cannot agree on possession or disposal
    • A request that the court order partition by sale or division
  4. File and Pay Fees
    Submit the petition with the clerk of circuit court, along with the required filing fee. Fee amounts vary by county; check the county’s fee schedule online.
  5. Serve All Parties
    Under Wis. Stat. § 801.11 (https://docs.legis.wisconsin.gov/statutes/statutes/801/11), you must serve each co-owner with a summons and a copy of your petition. Use personal service or certified mail, return receipt requested.
  6. Attend Initial Hearing
    The court schedules a hearing to confirm proper service and to set a timetable. If any party contests the petition, the court may require additional briefing or mediation.
  7. Appoint Commissioners
    If the court orders partition, it will appoint three commissioners to divide the land physically or recommend a sale. See Wis. Stat. § 846.04 (https://docs.legis.wisconsin.gov/statutes/statutes/846/04).
  8. Commissioners’ Report and Distribution
    The commissioners file a report describing the proposed partition or sale. Upon court approval, the property transfers to the designated parties or sells at public auction. Net proceeds distribute according to ownership shares.
  9. Obtain Final Judgment
    The court issues a final judgment confirming the partition or sale and directing deed transfers or disbursement of funds.

Helpful Hints

  • Obtain a clear title report before drafting your petition to avoid missing owners.
  • Consider mediation first to save time and legal costs.
  • Keep detailed records of service and all court filings.
  • If co-owners live out of state, plan for additional service costs and timeline.
  • Consult local court rules for any special requirements or forms.

Disclaimer: This article is for educational purposes and is not legal advice. Consult a licensed attorney to address your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.