Remedies for a Co-Owner When Another Co-Owner Sells an Interest Without Consent (Wisconsin)

Short answer: In Wisconsin a co-owner cannot, by selling only their undivided share, defeat the other co-owner’s ownership rights. A purchaser from one co-owner takes only that co-owner’s share. The remaining co-owner has several civil remedies—most commonly a partition action (division or sale), a quiet-title action, an accounting for rents and profits, and injunctive relief in some situations. If the sale involved fraud or forgery, criminal remedies and additional civil claims may apply.

Detailed Answer

This section explains how Wisconsin law treats a sale of property interests by one co-owner and the practical and legal steps an affected co-owner can take. Assume two people own real property together (as tenants in common or joint tenants). If one owner transfers or sells only that owner’s undivided interest, the buyer receives that undivided share only. The buyer does not automatically gain the right to exclude the other co-owner or receive full title to the whole parcel.

What the buyer actually receives

A purchaser from one co-owner receives whatever interest the seller lawfully had. That means the buyer takes an undivided fractional interest (for example, one-half if the seller owned one-half). The transfer does not extinguish the other co-owner’s share. The buyer may record a deed, and that recording gives notice to third parties, but it does not convert a fractional interest into sole ownership without further legal steps.

Common civil remedies for the non-consenting co-owner

Partition action (most common): A co-owner can ask the court to divide the property physically if it can be fairly divided, or, more commonly, to order a sale and split the proceeds among the co-owners. In Wisconsin, partition procedure and rules are governed by the state’s statutes on partition and related court practice. See Wisconsin statutes on partition for procedural detail: Wis. Stat. ch. 842 (Partition). A partition sale results in the property being sold and the proceeds distributed according to each owner’s share.
Quiet-title action: If there is a dispute about who owns what (for example, if the deed looks like it conveyed full title or if the buyer claims more than the seller had), the affected co-owner can file a quiet-title action to have the court declare the parties’ ownership interests and clear title problems.
Accounting for rents, profits, or wrongful possession: If the buyer or selling co-owner ousted the other co-owner from possession, the wronged co-owner can seek an accounting for rents, profits, or damages. Courts can order compensation for wrongful exclusion and for the fair rental value of the property during the period of exclusion.
Injunctive relief: If a sale is about to close or a buyer is attempting to take action that would prejudice the non-selling co-owner’s interest—for example, by trying to sell the whole parcel to third parties—an affected co-owner may ask a court for a temporary restraining order or preliminary injunction while the dispute is resolved.
Claims based on agreement or statute: If co-owners had a written agreement (such as a buy-sell clause, right of first refusal, or co-ownership agreement) and one owner breached that agreement by selling, the non-breaching co-owner can sue for breach of contract, specific performance, or damages.
Fraud or forgery: If the deed was forged or the sale was procured by fraud, the deed can be challenged and set aside. Fraud or forgery may also give rise to criminal charges against the wrongdoer.

Practical effects and limits of those remedies

Even though the non-consenting co-owner has remedies, practical issues matter. Partition and quiet-title litigation costs can be substantial. Courts sometimes prefer selling the property and dividing proceeds rather than dividing land physically (especially for residential lots). A buyer who pays value in good faith may have protections: the buyer owns the seller’s share and can litigate for a market resolution, but the buyer cannot remove the other co-owner without a court order.

Typical step-by-step checklist for a co-owner who discovers an unauthorized sale

Confirm the deed and recording: search the county register of deeds to see what instrument was recorded and who the buyer is.
Gather documents: deeds, mortgage records, tax bills, communications with the co-owner, and any co-ownership agreements.
Send a demand letter: a short written demand may resolve the problem (for example, asking the buyer or seller to meet or produce evidence). Have a lawyer draft or review this letter if possible.
Consider mediation or negotiation: if practical, offer to buy out the buyer or propose a negotiated partition or sale.
If negotiation fails, consult a Wisconsin real property attorney to discuss filing a partition action, a quiet-title action, or seeking injunctive relief.

Where the law is found

Partition and related court procedures are codified in Wisconsin statutes; see the state statutes on partition: Wis. Stat. ch. 842 (Partition). For disputes about recorded instruments, search the Wisconsin statutes or consult counsel for statutes and case law that apply to recording, constructive notice, and conveyances.

Helpful Hints

Do not attempt self-help eviction. Trying to forcibly retake property can expose you to civil and criminal liability. Use court processes instead.
Act quickly. Some remedies have time limits and evidence (like keys, notices, and communications) may disappear over time.
Keep clear records. Save copies of deeds, tax bills, communications, and any evidence of exclusion, rent paid, or improvements made.
Think about costs vs. value. Partition actions involve litigation costs; in some disputes it is more practical to negotiate a buyout than to litigate.
Check for agreements. A written co-ownership agreement or a mortgage lien can change what remedies make sense or who owes what to whom.
Consider temporary relief. If a sale to a third party is imminent and you believe your rights will be irreparably harmed, ask an attorney about requesting an injunction or temporary restraining order.
Consult a real property lawyer experienced in Wisconsin partition and title disputes. They can review local rules, statute specifics, and case law that affect outcomes.

Disclaimer: This article explains general principles of Wisconsin property law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Wisconsin attorney who can analyze the facts, apply relevant statutes and cases, and advise you about the best course of action.