Detailed answer — documents and information your lawyer will need

If you want an attorney to begin a partition action in Wisconsin, prepare to provide both factual information about the property and documentary proof of ownership, encumbrances, and use. Partition actions seek to physically divide property among co‑owners or force a sale and division of proceeds. Wisconsin’s partition laws are found in Chapter 842 of the Wisconsin Statutes (see Wis. Stat. ch. 842).

Below is a checklist of the common items a lawyer will request and why each item matters. You do not need to have everything perfect before the attorney starts, but the more complete your package, the faster and more accurately your lawyer can evaluate and file the case.

1. Ownership and chain of title

• Copies of recorded deed(s) showing how you and the other parties hold title (warranty deed, quitclaim deed, life estate instruments). If multiple deeds exist, provide all that relate to the property.
• Certificate of title or title report if you have one (from a title company).
• Names and current contact information for every person or entity listed on title and for any heirs or personal representatives if an owner is deceased.
• Death certificates, probate case numbers, or letters testamentary if ownership passed by inheritance or probate.

2. Legal description and identifying information

• Full legal description of the property from the deed (not just the street address).
• Parcel or tax identification number (found on property tax bill or county assessor website).
• Municipality and county where property sits (important for filing and service).

3. Survey, plats, and boundary evidence

• Any recent or historical land surveys, plat maps, or subdivision maps.
• Photographs of property boundaries, fence lines, and survey monuments (if available).
• Reports or communications about boundary disputes or fence/location disagreements.

4. Liens, mortgages, and encumbrances

• Current mortgage statements and payoff figures for any loans secured by the property.
• UCC filings, judgment liens, tax liens, mechanic’s liens, or other recorded encumbrances.
• Homeowner association (HOA) dues statements, covenants, easements, and recorded restrictions.

5. Possession, occupancy, and use

• Information about who currently occupies the property and the nature of occupancy (owner‑occupant, tenant, seasonal use).
• Copies of current leases, rent ledgers, security deposit records, and any written tenant agreements.
• Records of who pays property taxes, insurance, utilities, and mortgage payments.

6. Improvements, expenses, and contributions

• Receipts, contracts, and invoices for major improvements, repairs, or improvements to the property (roof, septic, additions).
• Evidence showing which co‑owner paid for specific improvements or for ongoing expenses.

7. Disputes, agreements, and communications

• Copies of any written agreements among co‑owners (buy‑sell agreements, partitions agreed in writing, co‑ownership agreements).
• Correspondence (emails, letters, text message logs) relevant to the ownership dispute or any attempts to resolve the issue.
• Records of prior lawsuits or administrative actions affecting the property.

8. Title and tax documents

• Most recent property tax bills and proof of tax payments.
• Property insurance declarations and mortgage escrow statements.

9. Identification and procedural items

• A government photo ID for you (so the attorney can verify client identity).
• Names, addresses, and last known addresses for all co‑owners and any parties who must be served.
• Any previous case numbers or judicial references if the property was subject to earlier litigation.

10. Your goals and practical facts

• Explain clearly what you want (partition in kind — physical division — or partition by sale and division of proceeds).
• Note practical constraints: Is the property divisible (e.g., farmland vs. single family home)? Do co‑owners want to buy out others?
• Budget concerns and whether you are willing to consider mediation or settlement.

How your lawyer will use this information

Your attorney will use these materials to:

• Confirm who must be named as defendants in the partition complaint.
• Search public records for additional liens, mortgages, or defects in title.
• Decide whether to ask the court for partition in kind or sale and whether to seek appointment of a commissioner to divide or sell the property under Wis. Stat. ch. 842 (see chapter 842).
• Draft the complaint, prepare exhibits (deeds, surveys), and obtain any necessary survey or appraisal to support the requested relief.

Timing and next steps

After you deliver the documents, the lawyer will typically:

1. Run an independent title search and lien search.
2. Request a survey or appraisal if needed to determine whether the property can be divided equitably.
3. Prepare and file the partition complaint, arrange service on defendants, and represent you in any settlement talks or court hearings.

Because partition actions often involve multiple parties and sometimes complex title defects, early and thorough documentation improves efficiency and reduces surprises.

Statutory reference: For the governing procedures for partition actions in Wisconsin, see Wis. Stat. ch. 842, which explains who may bring a partition action, how courts handle division or sale, and procedures for appointment of commissioners and distribution of proceeds.

This is general information and not legal advice. Consult a licensed Wisconsin attorney about your specific situation.

Helpful Hints

• Organize documents chronologically and keep originals safe; provide copies to your attorney.
• If you lack a recent survey, discuss getting one early — a survey often determines whether physical division is feasible.
• Obtain current mortgage payoffs and tax statements before filing; unpaid liens can block or complicate partition sales.
• Collect written proof of who paid taxes, mortgage, and improvements — courts sometimes reimburse or credit co‑owners based on contributions.
• Consider mediation or negotiation before filing; courts often encourage settlement and it can save time and money.
• Provide contact information for witnesses (neighbors, contractors) who can verify boundary lines or payment histories.
• Tell your lawyer upfront if any owners are minors, incapacitated, in bankruptcy, or in another state — these situations require extra steps for service and representation.
• Expect to pay filing fees, service fees, title search costs, and the cost of any required surveys or appraisals; ask your lawyer for an estimate early.
• Ask your attorney how they will bill you (hourly, flat fee, retainer) and get a written engagement agreement.

Final note: Partition law has procedural rules and deadlines. Giving your lawyer complete and accurate records at the start speeds up the process and improves the lawyer’s ability to protect your interests.

Disclaimer: This article provides general legal information about Wisconsin partition procedures and document preparation. It is not legal advice and does not create an attorney‑client relationship. For advice tailored to your facts, contact a licensed Wisconsin attorney.