Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Wisconsin law, co-owners can seek a partition of real property under Chapter 846 of the Wisconsin Statutes. A partition action lets the court divide or sell co-owned land. When the court appoints a commissioner, parties can initiate or consent to this process by following key steps.
- File the partition complaint. Any co-owner begins by filing a complaint in the circuit court of the county where the property lies. The complaint must include the legal description of the property, the names of all co-owners, and a clear request for division or sale. See Wis. Stat. § 846.01.
- Serve the summons and complaint. Serve all co-owners under Wis. Stat. § 801.05. Defendants must file a responsive pleading within 45 days per Wis. Stat. § 801.14. Failure to respond may lead to a default judgment.
- Request or consent to a commissioner. After the complaint and answers are on file, the court may appoint a commissioner under Wis. Stat. § 846.04. Parties can consent by filing a written notice or appearing at the appointment hearing. Consent streamlines the process.
- Commissioner’s inspection and report. The appointed commissioner inspects the property, obtains appraisals, and proposes a plan to divide the land or sell it and distribute proceeds. This report follows the requirements of Wis. Stat. § 846.15.
- Objections and final court order. Parties have 10 days after service of the commissioner’s report to object under Wis. Stat. § 846.15(2). The court then reviews the report and objections, issues a final order, and directs conveyance of divided parcels or sale proceeds.
Helpful Hints
- Review Chapter 846 before filing your complaint to understand all procedural requirements.
- Consider mediation or negotiation with co-owners to agree on division and reduce court costs.
- Gather deeds, surveys, and title documents early to streamline the commissioner’s inspection.
- Confirm all parties’ addresses to ensure proper service and avoid default situations.
- Monitor deadlines for objections and responses to prevent delays or unintended defaults.