(1) A person having an interest in real property jointly or in common with others may sue for judgment partitioning such interest unless an action for partition is prohibited elsewhere in the statutes or by agreement between the parties for a period not to exceed 30 years.
842.02.Partition; plaintiffs.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.02 lets a co-owner of real property sue to partition their interest unless a statute or an agreement of up to thirty years bars it, and allows the plaintiff to seek partition or, if that is impossible, a judicial sale with the proceeds divided instead.
Full Text of Section 842.02
(2) The plaintiff in the plaintiff’s complaint may demand judgment of partition and, in the alternative, if partition is impossible, judicial sale of the land or interest, and division of the proceeds.
Plain-English Summary
Section 842.02 opens chapter 842’s partition remedy to a person having an interest in real property jointly or in common with others, letting that person sue for judgment partitioning the interest. That right is not absolute: it does not apply where an action for partition is prohibited elsewhere in the statutes, or where the parties themselves have agreed not to partition for a period not exceeding thirty years.
Subsection (2) gives the plaintiff a fallback. The complaint may demand judgment of partition and, in the alternative, if partition turns out to be impossible, judicial sale of the land or interest and division of the proceeds. That alternative relief draws on the judicial sale remedy also available generally under section 840.03, and it depends on the expanded definition of interest in real property that section 842.01 supplies for this chapter.
Frequently Asked Questions
Who can bring a partition action under Wisconsin law?
A person having an interest in real property jointly or in common with others.
Can co-owners agree to block a partition action?
Yes, by agreement between the parties, but that agreement cannot bar partition for a period exceeding thirty years.
What happens if the property cannot practically be divided among the owners?
The plaintiff may demand judicial sale of the land or interest instead, with the proceeds divided, if partition is impossible.
Can a statute elsewhere in the code prohibit a partition action?
Yes. The right to sue for partition under section 842.02 does not apply where partition is prohibited elsewhere in the statutes.
Do I have to choose only partition, or can I ask for a sale as a backup?
The plaintiff may demand partition and, in the alternative, judicial sale and division of proceeds if partition is impossible.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.02; 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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