Brief answer — what a partition action does

A partition action is a court lawsuit that asks a Wisconsin circuit court to physically divide real property among co-owners (partition in kind) or, if dividing the land fairly is not practical, to order a sale and divide the proceeds among the owners. Partition actions are governed by Wisconsin law (see Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842).

Who can file and when to consider filing

Any person who owns an undivided interest in Wisconsin real estate can file a partition action. Typical situations include:

• Co‑owners (tenants in common or joint tenants) who cannot agree about use, sale, or division of the property.
• Co‑owners who want to force a sale because one or more owners refuse to cooperate.
• Heirs or successors in interest who inherit property with multiple owners.

Before filing, try negotiated solutions such as mediation, sale by agreement, or a buyout. Courts often prefer settlement between owners and may require full joinder of all interested parties in the lawsuit.

Step-by-step: how to start a partition action in Wisconsin

1. Prepare and gather documents. Collect the deed(s), mortgage statements, property tax bills, title insurance policy (if any), surveys, leases, and records documenting each party’s ownership share and contributions (payments, improvements). Knowing liens and mortgages is essential because they affect how sale proceeds are distributed.
2. Decide the relief to request. Typical requests in the complaint include (a) partition in kind (physical division) if feasible; (b) partition by sale if division is impracticable or would cause great prejudice; and (c) appointment of a commissioner or referee to carry out the partition and sale. Wisconsin’s partition statutes explain the court’s powers: Wis. Stat. ch. 842 (https://docs.legis.wisconsin.gov/statutes/statutes/842).
3. File a complaint in the correct county circuit court. File in the county where the property is located. The complaint should identify the property (legal description or sufficient description), name all owners and persons with recorded interests (mortgagees, lienholders, lessees), state each party’s claimed interest, and state the specific relief sought.
4. Name and serve all interested parties. All co‑owners, lienholders, and any other person or entity with an interest must be joined or properly served. If parties are minors or incapacitated, the court may require appointment of a guardian ad litem. If you cannot locate owners, the court procedures for service may allow substituted or publication service—follow local court rules.
5. Respond to temporary matters and court scheduling. After a complaint is filed and served, defendants may answer, and the court may schedule preliminary conferences. The judge may decide whether partition in kind is practical or whether sale is necessary.
6. Appointment of a commissioner or referee. If the court orders partition, it often appoints a commissioner (sometimes called a referee) to survey, divide, or sell the property. The commissioner prepares reports and handles administrative tasks under court supervision.
7. Sale and distribution. If the property is sold, sale proceeds are applied to pay costs, mortgages, and liens in priority order, with remaining proceeds distributed to owners according to their interests. The court will enter a final judgment that specifies distribution and resolves costs and attorney fees.

Key legal points under Wisconsin law

• Wisconsin law provides the procedure and court powers for partition actions in chapter 842. See Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.
• The court prefers division in kind when it is practicable and equitable; it may order sale if division would be impracticable or cause prejudice to owners’ interests.
• Recorded mortgages and other liens are typically paid from sale proceeds according to priority before owners receive their shares.
• All persons with a possible claim to the property should be included in the action to obtain a binding resolution and prevent future claims.

Practical considerations and potential complications

Expect time and expense. Court proceedings, surveys, commissioner fees, and foreclosure of lien priorities can make partition actions costly. Common complications include:

• Disputed ownership shares or unclear deeds.
• Outstanding mortgages, tax liens, or mechanic’s liens.
• Tenants or leases that affect use and value.
• Family situations—minors, unknown heirs, or owners in other states or countries.

Because of these complications, many owners choose to negotiate a buyout, use mediation, or sell the property jointly before filing suit.

When to consult an attorney

If co‑owners cannot agree, if title is contested, or if there are multiple liens and encumbrances, a real estate attorney experienced in Wisconsin partition law can:

• Help prepare the complaint and assemble necessary documentation.
• Identify and name all interested parties to avoid later claims.
• Explain lien priorities and how proceeds are likely to be distributed.
• Represent you at hearings and through sale or division procedures.

Helpful Hints

• Start by trying a written buyout offer. A clear, fair buyout can save time and costs.
• Gather all title documents, mortgage and lien information, tax bills, surveys, and records of payments or improvements before filing.
• Name mortgagees, lienholders, lessees, and anyone with a recorded interest in the complaint.
• Consider mediation or arbitration clauses if co‑owners want a faster, less costly outcome.
• Be realistic about division in kind — the court will consider feasibility and may order sale if division reduces value.
• Estimate court, commissioner, and closing costs. These reduce the funds available to owners after a sale.
• If owners live out of state, plan for long‑distance service of process and possible complications in locating heirs.
• Check for local county forms or filing requirements. Circuit court clerks can provide filing fee information but cannot give legal advice.