Detailed Answer
Under Wisconsin law, a partition action lets co-owners divide or sell jointly owned land when relatives cannot agree on its use or disposition. The statute governing this process is Wis. Stat. § 846.01 (https://docs.legis.wisconsin.gov/statutes/statutes/846/01), which allows any co-owner to seek court intervention. Below are the key steps:
- Confirm Ownership and Interests
Obtain a recent title report or deed history to identify all current co-owners and their ownership percentages. Ensure you include spouses or heirs with recorded interests. - Choose Proper Venue
File your petition in the circuit court of the county where the property lies. Wis. Stat. § 801.50 governs venue for real estate actions (https://docs.legis.wisconsin.gov/statutes/statutes/801/50). - Draft the Petition
Your petition must include:- A legal description of the property
- The names and last-known addresses of all co-owners
- An allegation that co-owners cannot agree on possession or disposal
- A request that the court order partition by sale or division
- File and Pay Fees
Submit the petition with the clerk of circuit court, along with the required filing fee. Fee amounts vary by county; check the county’s fee schedule online. - Serve All Parties
Under Wis. Stat. § 801.11 (https://docs.legis.wisconsin.gov/statutes/statutes/801/11), you must serve each co-owner with a summons and a copy of your petition. Use personal service or certified mail, return receipt requested. - Attend Initial Hearing
The court schedules a hearing to confirm proper service and to set a timetable. If any party contests the petition, the court may require additional briefing or mediation. - Appoint Commissioners
If the court orders partition, it will appoint three commissioners to divide the land physically or recommend a sale. See Wis. Stat. § 846.04 (https://docs.legis.wisconsin.gov/statutes/statutes/846/04). - Commissioners’ Report and Distribution
The commissioners file a report describing the proposed partition or sale. Upon court approval, the property transfers to the designated parties or sells at public auction. Net proceeds distribute according to ownership shares. - Obtain Final Judgment
The court issues a final judgment confirming the partition or sale and directing deed transfers or disbursement of funds.
Helpful Hints
- Obtain a clear title report before drafting your petition to avoid missing owners.
- Consider mediation first to save time and legal costs.
- Keep detailed records of service and all court filings.
- If co-owners live out of state, plan for additional service costs and timeline.
- Consult local court rules for any special requirements or forms.
Disclaimer: This article is for educational purposes and is not legal advice. Consult a licensed attorney to address your specific situation.