Partition Actions and Sale of Co-Owned Property in Wisconsin
When co-owners of property or assets in Wisconsin cannot agree on sale logistics or cost sharing, Wisconsin law provides several remedies. The primary legal option is a partition action under Chapter 799 of the Wisconsin Statutes. Partition actions allow one or more co-owners to ask the circuit court to divide the property or order a sale, with proceeds distributed among the parties based on their ownership interests. Wis. Stat. § 799.01 defines who may maintain a partition action and the types of property subject to partition.
In a partition action, the court first considers whether the property can be physically divided (a partition-in-kind). If physical division is impracticable or inequitable, the court orders a judicial sale of the property and distributes proceeds after deducting court costs, liens, and payments for improvements. Wis. Stat. § 799.045 and Wis. Stat. § 799.05 govern the sale process and distribution of proceeds.
Alternative Legal Remedies for Co-Owner Disputes
Co-owners may seek alternative dispute resolution before or during litigation. Mediation can help resolve disagreements on sale timing, price, and cost allocation without court intervention. If co-owners wish to clarify their rights and obligations, they can file a declaratory judgment action under Wis. Stat. § 806.04. Additionally, co-owners can request an accounting of expenses under equitable principles to adjust each owner’s share of costs and proceeds.
In some cases, a co-owner may seek injunctive relief to prevent another co-owner from making unilateral decisions that incur expenses or reduce the property’s value. Courts can issue temporary or permanent injunctions to maintain the status quo until the parties reach an agreement or the court resolves the dispute on the merits.
Helpful Hints
- Document all expenses, improvements, and liens related to the property.
- Attempt informal negotiation or mediation to save time and costs.
- Obtain a neutral appraisal to set a realistic sale price or division value.
- Understand that partition actions incur court costs, attorney fees, and appraisal fees.
- File a partition petition in the circuit court where the property is located.
- Consider a declaratory judgment for clarity on cost-sharing obligations.
- Consult a Wisconsin attorney for guidance on procedures and potential outcomes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney licensed in Wisconsin.