Partition Actions in Wisconsin | WI Legal Resources | FastCounsel

Wisconsin: Options to Divide or Force Sale of Co-Owned Farmland

Short answer If co-owners (including heirs) cannot agree, the primary legal remedy in Wisconsin is a court-ordered partition action under Chapter 842 of the Wisconsin Statutes. The court can either physically divide the land (partition in kind) or order a sale and divide the proceeds. Many families avoid court by negotiating a buyout, using mediation, […]

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How to Start a Partition Action in Wisconsin When a Co-Owner Refuses

Overview This FAQ explains how to start a partition action in Wisconsin when a co-owner will not agree to divide or sell jointly owned real property. It walks through the practical steps, filings, and what to expect from the circuit court. This is general information only and not legal advice. For advice specific to your […]

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Forcing a Partition Sale of an Inherited Home in Wisconsin

Detailed Answer Short answer: In Wisconsin you can force a sale of real property you co-own by filing a partition action in the circuit court for the county where the property sits. The court will decide whether the property can be divided in kind or must be sold and will supervise the sale and distribution […]

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Defending a Partition Action in Wisconsin: What to Do When a Co‑Tenant Files to Force Sale of an Inherited Home

How to Protect Your Interest When a Co‑Owner Files to Force Sale of an Inherited Home Short answer: You can challenge or limit a partition-for-sale in several ways—by negotiating a buyout, asking the court to divide the property in kind, asserting offsets for contributions, seeking a temporary injunction, or raising legal defenses. Act quickly: respond […]

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Wisconsin: What Happens When a Co-Owner Refinance or Takes a Home-Equity Loan on Inherited Property

Understanding your options when a co-owner encumbers inherited real estate in Wisconsin Short disclaimer This information is educational only and not legal advice. It explains general Wisconsin law and common remedies. Consult a Wisconsin attorney about your specific situation before taking action. Detailed answer — how this usually works under Wisconsin law When several people […]

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Wisconsin: Remedies When a Co-Owner Sells Property Without the Other Owner's Agreement

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 […]

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Wisconsin: How to File a Partition or Petition for Sale of Inherited Real Estate When Some Heirs Are Minors

Short answer If you need to divide or sell inherited real estate in Wisconsin and one or more heirs are minors, you generally file a partition action in the circuit court where the property lies under Wisconsin's partition laws. The court will require representation or protection for the minor heirs—typically by their legal guardian, a […]

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Wisconsin: Forcing a Sale or Division of Family Land — Partition Law in Wisconsin

Detailed Answer If you and multiple relatives co-own a family parcel in Wisconsin and one or more owners want the land physically divided or sold, the usual legal tool is a partition action in Wisconsin circuit court. A partition action lets a co-owner ask the court to divide the property among owners (partition in kind) […]

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Wisconsin: Filing a Partition Lawsuit When Co‑Owners Disagree

Detailed Answer — How a Wisconsin Partition Action Works Disclaimer: I am not a lawyer and this is not legal advice. This article explains how partition lawsuits generally proceed under Wisconsin law to help you understand the process and prepare to speak with a licensed attorney. When two or more people own real property together […]

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How to File a Partition Action in Wisconsin to Force Sale of an Inherited Interest

Detailed Answer This section explains, in plain English, how someone who holds an inherited ownership interest in real property in Wisconsin can force a sale through a partition action. This is an educational overview only and not legal advice. What a partition action does A partition action asks a Wisconsin circuit court to divide jointly […]

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