Detailed Answer
If you and others inherited real property in Wisconsin and some co-owners won’t respond, you can ask a circuit court to divide or sell the property through a partition action. Wisconsin law governing partition actions is in Chapter 842 of the Wisconsin Statutes (Wis. Stat. ch. 842).
Below are clear, practical steps that explain how a typical partition action works in Wisconsin and what to expect when some owners are unresponsive.
Step 1 — Confirm who has an ownership interest
Start by running a title search at the county register of deeds to confirm the recorded owners, any liens or mortgages, and the legal description of the property. If the property was transferred by will or intestate succession but no probate case exists, you may need to open probate or obtain documents that show heirs and their shares.
Step 2 — Decide whether a partition action is the right route
Partition is appropriate when co-owners cannot agree on use, sale, or division. Courts prefer a partition in kind (physical division) when feasible. If a fair physical division is impractical, the court will order a sale and distribute proceeds according to each owner’s share. The court follows the statutory process in Wis. Stat. ch. 842 (Wis. Stat. ch. 842).
Step 3 — Prepare and file the partition complaint
File a complaint for partition in the Wisconsin circuit court in the county where the property lies. The complaint must identify the property, the parties with an interest, and the relief requested (partition in kind or sale). Include deeds, heirship facts, and any probate case numbers or letters testamentary if available.
Step 4 — Name all interested parties and serve them
You must name and attempt to serve all people who hold an interest in the property (record owners, beneficiaries, lienholders, mortgagees). Personal service is preferred. If an owner’s location is unknown or they refuse to accept service, Wisconsin civil procedure provides alternative service methods, including publication in some circumstances (Wis. Stat. ch. 801 (civil procedure) and court rules). The court can allow service by publication or other substituted service when proper efforts to locate a party have failed.
Step 5 — Proceeding when owners don’t respond
If a properly served defendant fails to answer or appear, the plaintiff can request the court enter a default or proceed on the claims without that party. The court may appoint a commissioner, referee, or agent to value, divide, or sell the property and then report back to the court. The court will distribute sale proceeds after paying liens, mortgages, and costs. The non‑responding owner’s interest is not ignored — they still have a recorded ownership interest, but the court can bind them through default procedures if service was proper.
Other practical issues and how the court handles them
- Liens and mortgages: Liens usually attach to the property and must be paid from sale proceeds. Identify lenders and include them in the case.
- Heirs and unrecorded interests: If potential heirs or beneficiaries are unknown, the court may require notice by publication and may hold funds in escrow until claims are resolved.
- Costs and fees: The party who seeks partition generally pays filing fees and costs initially; the court can allocate costs and attorney fees among the parties later.
- Timeframe: A contested partition with missing parties can take many months. If the court orders a sale, completing a sale can add additional months.
When to consider alternatives
Partition can be expensive and adversarial. Before filing, consider:
- Negotiating buyouts with responsive co‑owners.
- Mediation to reach a voluntary agreement for sale or division.
- Asking an estate personal representative to administer the property if probate is open.
Key statutory references
Partition law: Wis. Stat. ch. 842 — https://docs.legis.wisconsin.gov/statutes/statutes/842
Civil procedure and methods of service (including publication and substituted service): Wis. Stat. ch. 801 — https://docs.legis.wisconsin.gov/statutes/statutes/801
If the property is part of an estate with an executor or administrator, consult the Wisconsin probate rules and forms used by the circuit court where the decedent’s estate is or should be opened. The Wisconsin Court System (wicourts.gov) has local court contact information and some general forms.
When to get a lawyer
Seek a Wisconsin real property or litigation attorney if:
- You cannot locate record owners or heirs.
- There are liens, mortgages, or unresolved probate issues.
- You expect litigation over shares, boundary lines, or valuation.
An attorney can prepare the complaint, handle service problems (including motions for service by publication), represent you at hearings, and coordinate appraisals or sales ordered by the court.
Helpful Hints
- Gather these documents before you file: current deed, last deed of record, death certificate, letters testamentary (if any), mortgage statements, tax bills, and any written agreements among heirs.
- Run a title search at the county register of deeds to find recorded owners and liens.
- Keep a record of your efforts to locate an unresponsive owner — the court will want proof if you ask for service by publication.
- Try a written buyout offer to absentee co‑owners before filing — a voluntary sale avoids court expense.
- Ask the court for an appraisal or let the court appoint a commissioner to sell if dividing the land is impractical.
- Expect to pay filing fees and possibly escrow funds or costs for publication and appraisal up front.
- Contact the Wisconsin State Bar or a local county bar lawyer referral service for attorney options if you need help — and search the Wisconsin Court System site for local filing requirements.
Disclaimer: This article explains general Wisconsin law and common procedures but is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Wisconsin attorney.