When any of the owners of personal property in common shall desire to have a division and they are unable to agree upon the same an action may be commenced for that purpose. Such action shall be tried by the court and if in its opinion a division of such property can be had without a sale thereof judgment shall be given accordingly and the property shall be divided, in accordance with the interest of the parties therein, and each owner shall be vested with the full title of the share awarded to the owner by the judgment in severalty. The court may appoint a receiver, enter an interlocutory or final judgment in order to do complete justice.
820.01.Complaint; trial, how had.
Ch. 820: Partition of Personal Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 820.01 lets co-owners of personal property who cannot agree on dividing it start a court action, requiring the court to try the case and, if the property can be divided without a sale, enter judgment splitting it by ownership share and vesting each owner with full title to their part.
Full Text of Section 820.01
Plain-English Summary
Section 820.01 opens Wisconsin’s chapter on partition of personal property. When owners of personal property held in common want it divided and cannot agree on how, any of them may commence an action for that purpose. The court, not a jury, tries the case.
If, in the court’s opinion, the property can be divided without a sale, the court gives judgment accordingly: the property is divided according to each owner’s interest, and each owner becomes vested with full title, in severalty, to the share awarded. That ends the co-ownership for each owner’s portion, replacing it with individual, outright ownership.
The section also gives the court tools to manage the case beyond a simple division. It may appoint a receiver, and it may enter an interlocutory or a final judgment, whatever is needed to do complete justice between the owners.
Where division without a sale is not possible, the chapter turns instead to a court-ordered sale, addressed in the sections that follow.
Frequently Asked Questions
What type of action does this section create?
An action for owners of personal property held in common who want the property divided but cannot agree on how to do it.
Who decides this type of case, a judge or a jury?
The court tries the action, per the text of section 820.01.
What happens if the property can be divided without a sale?
The court gives judgment dividing the property according to each owner’s interest, and each owner is vested with full title to the awarded share in severalty.
Can the court appoint a receiver in this type of case?
Yes, the court may appoint a receiver, and may enter an interlocutory or final judgment, in order to do complete justice.
What happens if the property cannot be divided in kind without harm to some owners?
The chapter turns to a court-ordered sale instead, addressed in the section that follows this one.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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