(1) If the referee determines that partition can be made without prejudice to the owners, the referee shall submit to the court the referee’s findings, indicating how partition is to be made. In making partition the referee shall divide the real estate and allot the several portions to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as declared in the court’s findings and conclusions.
842.10.Referee’s report; partition not prejudicial.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.10 sets out what a referee reports when partition can be made without prejudice to the owners: a plan allotting portions of the land by quality and quantity according to each party’s adjudicated rights, with special handling for any part of the land subject to a life estate.
Full Text of Section 842.10
(2) If the land is subject to a life estate, that fact shall be noted, and the partition of the remainder at the termination of the life estate indicated. The partition of any lands not subject to the life estate shall also be indicated.
Plain-English Summary
When the referee determines that the land can be divided without prejudice to the owners, section 842.10 tells the referee what that report must contain. The referee submits findings to the court indicating how partition is to be made — not just that it can be done, but the actual plan for doing it. In making the partition, the referee divides the real estate and allots the several portions to the parties, considering quality and quantity relative to one another, according to each party’s rights and interests as the court has already declared them.
The section then addresses a complication that often arises in partitioned land: a life estate. If any part of the land is subject to a life estate, the referee’s report must note that fact and indicate how the remainder is to be partitioned once the life estate ends. Any land not subject to the life estate is not left waiting for that event — the referee must also indicate how that portion is to be partitioned in the meantime.
Frequently Asked Questions
What does the referee report when the land can be divided without harming the owners?
Findings indicating how partition is to be made, not just a conclusion that it is possible.
How does the referee decide which owner gets which portion of the land?
By dividing the real estate and allotting the several portions to the parties, with quality and quantity relatively considered, according to the rights and interests the court already found.
What happens if part of the land is subject to a life estate?
The referee’s report must note that fact and indicate how the remainder will be partitioned once the life estate terminates.
Can the land that isn’t subject to the life estate be partitioned right away?
Yes. Section 842.10(2) requires the report to indicate the partition of any lands not subject to the life estate as well.
Where does the referee get the standard for each party’s rights and interests?
From the court’s own findings of fact and conclusions of law, the determination made earlier in the case under section 842.07.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.10; 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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