§ 872.140.Ordering Allowance, Accounting, Contribution, Other Compensatory Adjustment,
Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 2. Powers of Court · Enacted 1976 · no amendments on record · Last verified July 28, 2026
Full Text of § 872.140
Plain-English Summary
Co-owners rarely contribute equally to a property's expenses. One might have paid the mortgage, taxes, or repair bills; another might have collected rent without sharing it. This section gives the court broad equitable authority to sort that out as part of the partition action itself, ordering an allowance, an accounting, contribution, or whatever other compensatory adjustment fairness requires among the parties.
The standard is equity, not a rigid formula -- the statute directs the court to act "according to the principles of equity," which lets it weigh the specific facts of who paid what and who benefited from it. This authority works alongside the court's general case-management power under § 872.120 and often gets resolved together with the accounting a referee may be asked to perform when the court determines lien priorities under § 872.630.
Frequently Asked Questions
Can a court order one co-owner to reimburse another for property expenses in a partition action?
Yes. Section 872.140 lets the court order allowance, accounting, contribution, or other compensatory adjustment among the parties.
What standard does the court use to decide these adjustments?
The principles of equity -- there's no fixed formula in the statute, so the court weighs the specific facts of the case.
Does a party have to file a separate lawsuit to get reimbursed for expenses paid on the property?
No. This relief can be ordered within the partition action itself.
Amendment History
Added by Stats. 1976, Ch. 73.