Options to Force Sale or Division of Co-Owned Real Property in Wisconsin

Quick summary: If you still co-own real property with an ex after a Wisconsin divorce, you generally have two main paths: (1) ask the divorce/circuit court to enforce the divorce judgment (if the decree awarded the property to one party), or (2) file a partition action in circuit court to divide or force the sale of the property. Which route fits depends on what your divorce judgment says, how title is held, and whether one owner will cooperate.

Hypothetical facts to illustrate

Imagine you and your ex divorced in Wisconsin. The divorce judgment awarded you the marital home, but title never changed: the deed still lists both of you. Your ex lives elsewhere and refuses to sign a quitclaim deed. You want clear title and proceeds from sale. Below are the realistic legal options under Wisconsin law.

1) Enforce the divorce judgment (if the decree addressed the property)

If the divorce judgment or separation agreement ordered one party to convey title or otherwise transfer property, that order is a court judgment. You can return to the same circuit court and ask the court to enforce its judgment.

Common enforcement tools:

Motion to compel specific performance: ask the court to order the other party to sign the necessary deed (quitclaim or warranty deed) and take steps to transfer title.
Contempt proceedings: if the court previously ordered a conveyance and the other party willfully refuses, the court can hold them in contempt and impose sanctions, including fines or jail for continued noncompliance, until they comply.
Turnover or writs: the court can enter orders that facilitate the transfer or disposition of property consistent with its judgment.

Practical notes:

Start by filing a motion in the circuit court that issued the divorce judgment. Attach the divorce decree or settlement that supports your request.
If the other party argues the divorce order didn’t actually award the property, the court will interpret the judgment and the underlying agreement.
Enforcement can be faster and less expensive than a new partition claim, because the court already has jurisdiction and familiarity with the case.

2) File a partition action under Wisconsin law

If either (a) the divorce decree didn’t clearly transfer title, (b) both parties currently own the property (e.g., tenancy in common), or (c) you prefer a fresh claim, you can file a partition action under Wisconsin law.

Wisconsin’s partition statutes govern how co-owned land can be divided or sold. See Wisconsin Statutes, chapter 842 on partition: https://docs.legis.wisconsin.gov/statutes/statutes/842.

Key points about partition:

Either co-owner can sue for partition in the county where the property lies.
The court first considers whether the land can be physically divided (partition in kind). If feasible and fair, the court can divide the parcel so each owner gets a portion.
If a fair physical division is impractical (e.g., single house on a lot), the court will order a partition by sale and sell the property, dividing proceeds among owners after paying liens and costs.
The court can appoint a commissioner to manage the partition, value sets of property, arrange sale, and report back to the court.

Practical notes:

Partition suits are available even if there is no divorce judgment or settlement ordering a conveyance.
Costs and timing: partition litigation can be costly (attorney fees, appraisal, court costs) and can take several months to over a year depending on complications.
Sale proceeds are distributed according to ownership shares after satisfying mortgages, liens, and sale costs.

3) Other tools and variations

Buy-out negotiation: offer to buy the other owner’s share (or let them buy yours). A negotiated buyout often avoids litigation costs and delays.
Recording a deed or quitclaim: if the other owner will cooperate, a properly executed and recorded deed clears title. Make sure the deed is prepared correctly and recorded with the county register of deeds.
Mortgage or lien issues: if there’s a mortgage in both names, a sale or refinance will usually be required to remove the other party’s liability. Lenders must approve refinances or payoff procedures.
Tax and creditor consequences: selling or transferring property can have tax consequences (capital gains, basis adjustments) and may affect creditor rights—consult a tax professional if needed.

Which option is right for you?

Consider these factors:

Does your divorce judgment clearly award the property to one party? If yes, enforcement through the divorce court is often the best starting point.
Is the other owner willing to cooperate? If yes, a deed transfer or negotiated buyout is faster and cheaper.
Is the property divisible? If not, partition by sale is likely the outcome if you cannot agree.
How quickly do you need funds or clear title? Partition litigation and enforcement have different timelines and costs.

Practical steps to take now

Get a copy of the divorce judgment, settlement, and the current deed from the county register of deeds.
Obtain a current title report and a recent appraisal or broker price opinion to understand market value and liens.
If the divorce judgment ordered the conveyance, file a motion to enforce with the circuit court that entered the judgment. If no clear judgment exists, consider a partition action.
Collect documentation of mortgage and tax statements, insurance, and any payments you’ve made that may affect contributions or credits in distribution.
Talk to a Wisconsin attorney who handles family law and/or real property litigation for tailored advice and to file the correct paperwork promptly.

Helpful hints

Start by reviewing your divorce judgment carefully; it may resolve the issue without new litigation.
If you sue for partition, be prepared for court-appointed appraisals and possible sale costs that reduce net proceeds.
Record everything: communications with your ex about the property, offers, and any payments related to mortgage or repairs—these records help in court.
Consider mediation before litigation; many courts encourage or require it and it can save time and money.
Watch deadlines: if you plan to enforce a judgment, act promptly—delays can complicate enforcement or raise equitable defenses.
Tax and lender consequences matter—coordinate any transfer or sale with your mortgage lender and a tax advisor.

Relevant Wisconsin statute

Partition actions are governed by Wisconsin Statutes, chapter 842. See: https://docs.legis.wisconsin.gov/statutes/statutes/842.