Disclaimer
This article explains general information about Wisconsin law and practical steps people commonly take. It is not legal advice. Consult a licensed Wisconsin attorney to get advice tailored to your situation.
Detailed Answer
If you and one or more relatives inherit land and a co-owner refuses to list or cooperate with a sale, Wisconsin law gives co-owners a legal remedy called a partition action. A partition action lets a co-owner ask the circuit court to divide ownership either by physically dividing the property (partition in kind) or by selling the property and dividing the proceeds (partition by sale). For the statutory framework, see Wis. Stat. chapter 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.
Key points about how the process works under Wisconsin law and typical practical steps:
- Who can file: Any co-owner of the property may file a partition action in the circuit court for the county where the land lies.
- Tenancy type matters: Inherited parcels most often vest as tenants in common, meaning each heir owns a fractional interest that can be sold or subject to partition. The court will examine ownership records (deeds, probate documents) to confirm interests.
- Partition in kind vs. sale: Wisconsin courts prefer to divide property in kind when practical. If the court finds a physical division is impracticable or inequitable (for example, because the parcel is a single house on a lot or the land cannot be divided without harming its value), it may order sale and split proceeds. The court has authority to appoint a commissioner or special master to handle the division or sale.
- How sale is arranged: If the court orders sale, it usually appoints a commissioner or directs a sheriff sale or public auction, supervises notice and advertising, and ensures liens, mortgages, taxes, and costs are paid before distributing net proceeds to owners according to their ownership shares.
- Costs, timeline, and risks: Partition litigation can take months and sometimes over a year depending on complexity, court calendar, and whether parties litigate property value and share allocations. Court costs, referee or commissioner fees, attorney fees, title clearing, and sale costs reduce net proceeds. If one owner wants to keep the property, they can often buy out other owners by paying their fair share before sale.
Practical step-by-step approach (common pathway):
- Confirm ownership and title: Obtain recorded deeds, the probate estate paperwork (if the property passed through probate), and any mortgage or lien information.
- Get a market valuation: Hire an appraiser or obtain broker price opinions so all parties know current value before negotiating.
- Attempt negotiation and written offers: Propose a buyout at fair market value, a co-owner purchase, or joint listing with agreed terms. Put offers in writing, with appraisal attached.
- Consider mediation: Courts and many counties encourage or require mediation in property disputes; mediation can be far cheaper and faster than litigation.
- File a partition action if negotiation fails: Prepare and file a complaint for partition in the circuit court where the property sits. The complaint should describe the property, identify co-owners and their interests, and request partition in kind or sale.
- Let the court handle division or sale: The court will order notice, may appoint a commissioner, and determine whether to partition in kind or order sale. If the court orders sale, it will supervise the process and distribute proceeds after paying liens and expenses.
If a co-owner is behind on mortgage payments or there are liens, those obligations remain attached to the property and will be dealt with through the sale process. A partition judgment does not cancel valid liens; instead sale proceeds first satisfy debts and liens.
When to talk to an attorney
Because partition cases involve precise pleading, property description, possible title disputes, lien priorities, and court procedures, most people consult a Wisconsin property or probate attorney early if negotiation fails. An attorney can advise whether an immediate partition action is appropriate, help calculate likely costs and net proceeds, and represent you in court.
Helpful Hints
- Obtain a certified copy of the deed and any probate order showing how title passed.
- Order a professional appraisal before making or responding to buyout offers.
- Offer a written buyout based on the appraisal and allow a reasonable inspection period.
- Document all communications with co-owners (emails, texts, certified mail) in case the court later asks whether you attempted to resolve the matter.
- Consider mediated settlement to save time and costs; many circuit courts have mediation resources.
- Check for mortgages, tax liens, or judgments that could affect proceeds; contact the lender if payments are delinquent.
- Be realistic about costs—court-appointed sale costs and fees can reduce your share; factor that into buyout negotiations.
- Ask the court to appoint a receiver or caretaker if the property requires maintenance or rent collection during litigation.
- Talk with a tax professional about possible capital gains or estate tax consequences before selling.
- Keep records of improvements, expenses, and contributions each co-owner made—these may affect equitable allocations.
Relevant statute reference: Wis. Stat. chapter 842 covers partition actions and procedures. See: https://docs.legis.wisconsin.gov/statutes/statutes/842.
Final note: A partition action gives a clear legal path if negotiation and mediation fail, but it involves time and expense and can permanently affect family relationships. Explore buyouts and mediated solutions first; if those fail, a filed petition under Wisconsins partition statutes will move the matter to the circuit court for resolution.