(1) The complaint shall describe the lands to be partitioned and the interests of all parties as far as the same are known to the plaintiff. If a lienholder is made a defendant, the lienholder’s lien shall be described.
842.05.Pleadings.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.05 requires a partition complaint to describe the land and each party’s known interest, including a lienholder’s lien, and lets any party amend the complaint to reach all the land the co-owners hold together if the original complaint left some out.
Full Text of Section 842.05
(2) If the complaint does not demand partition of all the lands owned by the parties any of them may have the complaint amended so as to affect all the lands so owned.
Plain-English Summary
Section 842.05 sets the baseline content of a partition complaint. It must describe the lands to be partitioned and the interests of all the parties, so far as the plaintiff knows them. If a lienholder is named as a defendant, the complaint must also describe that lienholder’s lien. The requirement is tied to what the plaintiff knows at the time of filing, not to a perfect account of every interest.
The second part of the section addresses scope. If the original complaint does not demand partition of all the land the parties own together, any of them may have the complaint amended to reach all of it. Rather than forcing separate suits for different parcels held by the same cotenants, the section lets the case grow to cover the full extent of their common ownership.
Frequently Asked Questions
What does a partition complaint have to describe?
Section 842.05 requires the complaint to describe the lands to be partitioned and the interests of all the parties, as far as those interests are known to the plaintiff.
Does the complaint need to describe a lienholder’s lien specifically?
Yes, if a lienholder is made a defendant. Section 842.05 requires the lienholder’s lien to be described in that situation.
What if I don’t know the exact interest every co-owner holds when I file?
The requirement only reaches interests as far as they are known to the plaintiff, so the complaint is judged against what the plaintiff knew when filing.
Can a partition complaint be amended to add land that was left out at first?
Yes. Under section 842.05(2), if the complaint does not demand partition of all the land owned by the parties, it may be amended so as to affect all the land so owned.
Who can ask for that kind of amendment?
Any of the parties. The section allows any of them to have the complaint amended to reach all the commonly owned land.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.05; 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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