When a division cannot be had without injury to some of the parties interested the court shall order a sale and the sheriff of the county or some other person appointed by said court, shall sell said property, after giving 10 days’ notice by posting notices of such sale in 3 public places in the town, city or village where such property is found, at public auction, and the bill of sale of such sheriff or person so appointed shall convey to the purchaser such title, interest and estate in said property as the respective tenants in common had, and the sheriff or person appointed shall forthwith report to the court all his or her proceedings, and the court on confirming the sale shall order the payment to each tenant in common of his or her ratable share of the proceeds of such sale.
820.02.Sale, how conducted.
Ch. 820: Partition of Personal Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 820.02 has the court order a public sale when personal property cannot be divided without injury to some owners, requiring 10 days’ posted notice in three public places, a sheriff’s or appointee’s sale and report, and court confirmation before each co-owner is paid a ratable share of the proceeds.
Full Text of Section 820.02
Plain-English Summary
When a division of personal property in kind would injure some of the interested parties, section 820.02 has the court order a sale instead of a physical split. The sheriff of the county, or another person the court appoints, carries out that sale.
Before the sale can happen, the section requires 10 days’ notice, given by posting notices of the sale in three public places in the town, city, or village where the property is found. The sale itself takes place at public auction.
Once the sale is complete, the bill of sale from the sheriff or appointed person conveys to the purchaser whatever title, interest, and estate the tenants in common had in the property, effectively passing on their combined ownership as a single package. The person who conducted the sale then reports all of the proceedings to the court, and the court, on confirming the sale, orders payment to each tenant in common of a ratable share of the proceeds.
Frequently Asked Questions
When does the court order a sale instead of dividing the property in kind?
When a division cannot be had without injury to some of the parties interested.
Who conducts the sale?
The sheriff of the county, or some other person the court appoints.
What notice is required before the sale takes place?
10 days’ notice, given by posting notices of the sale in three public places in the town, city, or village where the property is found.
What does the sale convey to the buyer?
The title, interest, and estate the tenants in common had in the property, as conveyed by the bill of sale.
How do the co-owners get paid after the sale?
The court confirms the sale after receiving the seller’s report, then orders payment to each tenant in common of a ratable share of the proceeds.
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
Also known as: wisconsin partition sale personal propertypublic auction jointly owned property wisconsinnotice requirements partition sale wisconsins. 820.02 sheriff sale personal property