On default and proof or after trial of issues, the court shall by findings of fact and conclusions of law determine the rights of the parties. If the basis for partition is clear, the court may enter judgment partitioning the interests. If the basis for partition is not clear, the court shall appoint a referee to report either a basis for partition, or the conclusion that partition is prejudicial to the parties.
842.07.Findings and conclusions; referee.
Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 842.07 requires the court, after default and proof or a trial, to decide the parties’ rights by findings of fact and conclusions of law, then either enter judgment partitioning the interests directly if the basis for partition is clear or appoint a referee to report a basis for partition or a conclusion that partition would harm the parties.
Full Text of Section 842.07
Plain-English Summary
Section 842.07 sets the pivot point of a partition case. Once the court has heard the matter, whether on default and proof or after a trial of the issues, it must determine the rights of the parties through findings of fact and conclusions of law. That determination becomes the foundation for everything that follows.
From there, the section branches in two directions. If the basis for partition is clear, the court may go ahead and enter judgment partitioning the interests itself, without further process. If the basis for partition is not clear, the court instead appoints a referee, whose job is to report back with either a workable basis for partition or a conclusion that partition would be prejudicial to the parties.
This structure keeps simple cases simple while routing harder ones — where it is not obvious how the land can be divided — to a referee equipped to investigate the property and report a recommendation the court can act on.
Frequently Asked Questions
What has to happen before the court decides how to partition the property?
Section 842.07 requires either a default and proof, or a trial of the issues, followed by the court’s findings of fact and conclusions of law determining the rights of the parties.
When can the court enter judgment without appointing a referee?
When the basis for partition is clear. In that situation, section 842.07 allows the court to enter judgment partitioning the interests directly.
When is a referee appointed instead?
When the basis for partition is not clear. The court then appoints a referee rather than partitioning the interests itself.
What is the referee supposed to report back to the court?
Either a basis for partition, or a conclusion that partition is prejudicial to the parties.
What happens if the referee concludes that partition would be prejudicial to the parties?
Section 842.07 itself only calls for that conclusion to be reported; later sections in the chapter address what the court does with a report recommending against partition.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.07.
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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