If some co-owners of real property want to sell but others refuse, a co-owner in Wisconsin can generally ask a court to order a partition of the property. The court may divide the property among owners (partition in kind) or order a sale and distribute the proceeds (partition by sale) when division is impracticable or unfair. The procedure and the court’s powers are governed by Wisconsin law on partition actions.

Detailed answer — how partition works under Wisconsin law

Who can start a partition action: Any person with a legal or equitable interest in real property can file a partition action in the county where the property is located. See Wis. Stat. ch. 842 (the Partition statute) for the statutory framework: Wis. Stat. ch. 842.

Types of co-ownership and why it matters:

• Tenants in common — Each owner has an individual share that they can sell or force partition of. Courts commonly allow partition actions by tenants in common.
• Joint tenants with right of survivorship — Ownership usually passes on death to the surviving joint tenant(s). A living joint tenant still may be able to seek partition, but the nature of the ownership affects remedies and court analysis.
• Trusts, LLCs, or other written agreements — If the property is owned through an entity or under an agreement that limits transfer or requires buyouts, those documents can affect or prevent a court-ordered sale; courts will examine contract terms.

When will a court order a sale? The court prefers dividing land in kind when practical. But a sale is likely when:

• The land cannot be fairly divided (e.g., a single-family home on one lot);
• Division would substantially reduce overall value or be impracticable;
• One or more owners request sale and the court finds sale more equitable.

If the court orders a sale, it typically:

• Determines each owner’s share based on title, contribution, or proven equities;
• Arranges sale procedures (public auction or private sale) and appoints a commissioner or referee if needed;
• Pays mortgages, liens, and costs from sale proceeds before distributing net proceeds to owners in proportion to their interests.

Factors the court may consider: Courts can consider fairness factors — improvements, contributions to mortgage or taxes, waste, exclusive occupancy, and agreements among owners. A co-owner who occupied the property and paid more than their share might receive an offset before distribution.

Practical legal limits and defenses:

• Binding contracts: If co-owners signed buy-sell agreements, operating agreements, or deeds with restrictions that bar partition, those agreements may prevent or limit a forced sale.
• Liens and mortgages: Creditors can affect the timing and net proceeds; a mortgage holder may have rights to satisfy debt from sale proceeds.
• Homestead, tenancy, and occupancy rights: A co-owner living in the home may have temporary occupancy rights; courts balance these interests with owners’ rights to partition.

What to expect in a Wisconsin partition case

1. Title check — determine how title is held (deed, will, trust, LLC documents).
2. Attempt negotiation — courts encourage settlement (buyout by willing co-owners, sale terms, or mediation).
3. Filing a partition complaint — the plaintiff names all persons with a recorded or known interest.
4. Court proceedings — the court may appoint commissioners to survey and report whether division in kind is feasible.
5. Order of sale or division — if sale, the court sets sale method and timeline.
6. Distribution of proceeds — after paying liens, costs, and allowances, proceeds go to owners per court determination.

Statutory reference: the general statutory rules for partition actions are in Wis. Stat. ch. 842. For specific procedural or local rules, check the county court rules where the property sits.

Common examples (hypothetical)

Example 1: Three siblings hold title as tenants in common. Two want to sell; one refuses. The two may file a partition action. If the house cannot be fairly split, the court can order sale and divide proceeds according to ownership shares after paying the mortgage and sale costs.

Example 2: Parents transferred a farm into a family LLC with a buy-sell clause. One member refuses to sell. The LLC operating agreement requires a buyout or arbitration before court intervention; the court will examine and enforce that agreement.

When you should get a lawyer

Partition law mixes procedural rules, property law, and equitable remedies. Consult a Wisconsin attorney if you:

• Need help determining how title is held;
• Are negotiating a buyout or need to draft a buy-sell agreement;
• Want to file a partition action or respond to one;
• Face third-party liens, complex family agreements, or potential offsets for contributions and improvements.

Helpful Hints

• Check the deed now — know whether ownership is ‘tenants in common’ or ‘joint tenants’.
• Get a current market appraisal before negotiating a buyout or filing suit.
• Try mediation or a written buyout offer before going to court; courts favor settlement.
• Collect proof of payments you made (mortgage, taxes, utilities, repairs) to support claims for offsets.
• Be aware of liens and the mortgage balance — these reduce net sale proceeds.
• Know that partition can be costly and time-consuming; weigh the cost of litigation versus negotiating.
• Ask about temporary occupancy agreements if someone lives in the home and a sale is ordered.