Detailed Answer

Short answer: In Wisconsin you can force a sale of real property you co-own by filing a partition action in the circuit court for the county where the property sits. The court will decide whether the property can be divided in kind or must be sold and will supervise the sale and distribution of proceeds under Wisconsin partition law (see Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842).

How this typically works (step‑by‑step)

The following steps explain the usual path to force a partition sale of a house you inherited jointly with a sibling. These are general steps; your facts or local practice may change the sequence.

Confirm ownership and title status.

Start by pulling the deed and any probate papers. Most inherited property is held as tenants in common (each person owns a fractional share). The deed, the will or the probate distribution order will show how title rests. If title contains a right of survivorship, the situation differs and you should review probate documents carefully.
Try an out‑of‑court resolution first.

Courts favor parties settling. Ask your sibling to consider a buyout, sale by agreement, or mediation. Get a current appraisal so offers and buyout numbers are based on market value. A negotiated sale avoids court costs and delay.
Prepare and file a partition complaint if negotiation fails.

If you cannot agree, file a partition action in the county circuit court where the property is located. The complaint names all co‑owners and parties with recorded interests (mortgage holders, lienholders). Court rules require proper service on each defendant.
Court considers partition in kind vs. partition by sale.

Under Wisconsin partition practice, the court first considers whether the property can be partitioned in kind (physically divided) without unfairness. For a single-family home, partition in kind is rarely feasible. If in kind division is impractical or would injure owners’ interests, the court orders a sale and directs how sale proceeds will be shared.
Commissioners, appraisals, and sale process.

The court may appoint commissioners or a referee to survey, value, and oversee disposition. The court will determine whether the property is sold by public auction, private sale, or listing with a broker. Sale costs, mortgages, taxes, and liens generally come off the gross proceeds before distribution to co‑owners.
Distribution of proceeds and credits.

The court approves distribution and may order credits or debits for items such as mortgage payments made by one co‑owner, property taxes, necessary repairs, or rental income received during litigation. The court’s accounting decides who gets what net share.
Practical enforcement and occupancy issues.

If one co‑owner occupies the house, the court’s sale order will still transfer title; the purchaser may obtain possession subject to applicable eviction procedures. If you or your sibling want to remain in the home, you can ask the court for an equitable adjustment, but that is a judge’s discretion.

Key legal authority

The partition process in Wisconsin is governed by state statute and circuit court procedures. See Wis. Stat. ch. 842 for the statutory framework on partition actions: https://docs.legis.wisconsin.gov/statutes/statutes/842. Local court rules and circuit court forms may provide additional procedural detail—check the Wisconsin Court System website: https://www.wicourts.gov/.

Common outcomes and timeline

Timing varies. A simple, uncontested sale by agreement can occur in a few weeks to months. A contested partition action often takes several months to over a year depending on court schedules, complexity of title, lien issues, and whether appeals occur. Expect court and professional fees (filing fees, service fees, possible commissioners, appraisal, attorney fees) to come out of the sale proceeds unless the court orders otherwise.

Hypothetical example (illustrates how the math works)

Suppose you and your sibling each own 50% of a house worth $200,000. There is a $50,000 mortgage and $5,000 in unpaid taxes. If the court orders a sale and the home sells for $200,000, sale and closing costs (say $10,000) plus mortgage and taxes ($55,000) reduce the net. Net proceeds would be about $135,000; each co‑owner would receive roughly $67,500 before any court‑ordered credits (for repairs, payments made, or occupancy credits).

When to hire a lawyer

If the other owner will not cooperate, if there are liens, unclear title, or contested claims (claims by heirs, creditors, or a surviving spouse), or if the property has significant value, hiring a Wisconsin real property/civil litigation attorney is wise. An attorney can prepare pleadings, handle service, argue for equitable credits, and represent you in contested hearings. If cost is a concern, ask about limited‑scope help or mediation options.

Disclaimer

This article explains general Wisconsin law about partition actions. It is for informational purposes only and is not legal advice. For advice tailored to your situation, consult a licensed Wisconsin attorney.

Helpful Hints

Check the deed and probate paperwork first to confirm how title was passed.
Obtain a recent, independent appraisal before negotiating or filing suit.
Collect documents: death certificate, will, probate order, mortgage statements, tax bills, insurance policy, and title insurance if any.
Consider mediation or a buyout—these save time and money compared with a court sale.
Be prepared for costs: filing fees, appraisals, commission or auction fees, and attorney fees may reduce your net recovery.
Account for liens and mortgages: outstanding debts typically get paid from sale proceeds.
Think about tax consequences—talk to a tax advisor about basis, capital gains, and possible exemptions before finalizing a sale.
Search Wis. Stat. ch. 842 for statutory details: https://docs.legis.wisconsin.gov/statutes/statutes/842 and check local circuit court resources at https://www.wicourts.gov/.