Detailed answer — how co-owners start and complete a partition action in Wisconsin

What a partition action does: A partition action is a civil lawsuit that asks the court to physically divide the land (partition in kind) or to sell it and divide the proceeds among owners (partition by sale). Wisconsin law governing partition actions appears in Chapter 844 of the Wisconsin Statutes. See Wis. Stat. ch. 844: https://docs.legis.wisconsin.gov/statutes/statutes/844.

Who may file: Any person who owns an interest in real property can file for partition. That usually includes tenants in common and co-owners with fractional interests. (See Wis. Stat. § 844.02: https://docs.legis.wisconsin.gov/statutes/statutes/844/02.)

Step-by-step process

1. Confirm ownership and gather documents.
   Do a title search or get copies of deeds to confirm each party’s legal interest. Gather mortgages, lien statements, tax bills, leases, surveys, and any written co-owner agreements (contracts, buy–sell agreements, or wills).
2. Try negotiation first.
   Courts expect co-owners to attempt settlement. Common options: one co-owner buys out others; co-owners agree to an internal physical division; or agree to a private sale and split proceeds. If negotiation fails, proceed to court.
3. File a complaint for partition in the county where the property sits.
   The complaint names all co-owners and any lienholders or parties with recorded interests. The filing initiates the lawsuit and asks the court to order partition in kind or by sale.
4. Service and response.
   Each defendant (co-owner or lienholder) must be served with the complaint. Defendants typically have a deadline to answer or raise defenses (e.g., claim that a written agreement prevents partition).
5. Pretrial procedures.
   Parties exchange information, and the court may require mediation, appraisals, or surveys. Motions may ask the court to decide whether the property can be fairly divided (partition in kind) or whether sale is necessary.
6. Court decision: partition in kind vs. partition by sale.
   If the property can be divided without seriously reducing value, the court may order a partition in kind. If division is impractical or inequitable, the court may order a sale and distribution of net proceeds among owners. Wisconsin law gives courts authority to decide the appropriate remedy. For legal baseline, see Wis. Stat. ch. 844: https://docs.legis.wisconsin.gov/statutes/statutes/844.
7. Appointment of commissioners or sale process.
   The court often appoints commissioners (or a referee) to survey, divide, or oversee the sale. For sales, the court may order a public auction or authorize a broker sale; the court will supervise distribution of proceeds after paying liens, taxes, costs, and commissions.
8. Distribution of proceeds and judgment.
   After sale, the court distributes funds according to ownership shares, adjusted for liens, unpaid taxes, and court-ordered costs or credits. The court then issues a final judgment closing the case.

Common complications and legal points

• Mortgages and liens: Secured creditors have priority from the sale proceeds. The partition action must name lienholders so the court can account for those claims.
• Leaseholders and tenants: If the property is rented, tenants’ lease rights typically survive and the court must consider lease terms and rental income.
• Co-owner improvements and contributions: A co-owner who made improvements or paid more than their share may seek an accounting or credit; the court may adjust distributions accordingly.
• Agreements restricting partition: A written contract among co-owners that prohibits partition may be enforceable; raise such agreements as a defense.

Estimated timeline and costs

Simple cases with agreement: days to weeks. Contested cases with surveys, appraisals, and sale: 3–12+ months. Costs include filing fees, survey and appraisal fees, attorney fees, and commission on sale; courts may allocate costs between parties depending on outcome.

Hypothetical example

Three siblings own a lakeshore cabin as tenants in common. Two want to sell; one refuses. One sibling files a partition complaint in the county where the cabin sits and names the other two siblings and the mortgage lender. The court orders an appraisal and mediation. Mediation fails. A commissioner is appointed, the court orders a public sale, and net proceeds are divided according to ownership interests after paying the outstanding mortgage and sale costs.

For statutory authority and more details, start at Wis. Stat. ch. 844: https://docs.legis.wisconsin.gov/statutes/statutes/844 and see specific sections on who may maintain an action: https://docs.legis.wisconsin.gov/statutes/statutes/844/02.

Helpful Hints

• Do a title search early. Identify all owners and all recorded liens before filing.
• Try a written demand for partition and a buyout offer before filing. Courts view negotiation favorably.
• Collect and preserve evidence of contributions (receipts for improvements, tax payments, mortgage payments).
• Consider mediation or arbitration to save time and money.
• Ask the court to name lienholders you did not know about so the sale will clear title.
• If you want to keep the property, prepare a realistic appraisal and proof of ability to buy out others.
• Understand that even a successful partition can leave residual disputes (e.g., tax apportionment) — get clear court orders or settlements.
• Contact a Wisconsin attorney for local rules, court practices, and to protect your interests; partition law involves procedural and title issues that benefit from counsel.