(1) If the referee determines that partition cannot be made without prejudice to the owners, the referee shall so report to the court, recommending sale.
842.11.Referee’s report; partition prejudicial.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.11 covers what a referee recommends when dividing the land in kind would harm the owners: a sale, one that can be made clear of a valued life estate if the life tenant and other owners agree, or otherwise limited to the portion free of the life estate, and one that may be made subject to tenants’ or lienholders’ interests.
Full Text of Section 842.11
(2) If, under sub. (1), all or part of the property is subject to a life estate, and after the life estate is valued, the life tenant and the owners whose interests are being partitioned all file in court an agreement or agreements, executed so as to be entitled to record, stating that the life tenant be paid such value from the proceeds of sale, the referee shall so report to the court, recommending sale clear of such life estate.
(3) If, under sub. (1), all or part of the property is subject to a life estate, but the owner of the life estate fails to file the written consent mentioned in sub. (2), or from minority or other incapacity cannot do so, the referee shall recommend sale of the portion, if any, not subject to the life estate, or may recommend sale subject to the life estate.
(4) The referee may recommend sale subject to interests of tenants and lienholders.
Plain-English Summary
Not every parcel can be divided without harm to its owners. Section 842.11 tells the referee what to do when partition cannot be made without prejudice to the owners: report that conclusion to the court and recommend sale instead. That baseline recommendation is the starting point for the rest of the section, which works through how a life estate, tenants, and lienholders affect the sale the referee recommends.
If a life estate touches all or part of the property, the referee can recommend a sale clear of it — but only after the life estate has been valued and the life tenant and the owners being partitioned all file an agreement, executed so it can be recorded, that the life tenant will be paid that value from the sale proceeds. Without that consent, or if the life tenant cannot give it because of minority or other incapacity, the referee instead recommends selling only the portion not subject to the life estate, or may recommend a sale that remains subject to the life estate.
The section closes with a broader option: the referee may recommend a sale subject to the interests of tenants and lienholders generally, rather than requiring every such interest to be resolved or bought out before the sale can proceed.
Frequently Asked Questions
What does the referee recommend when the land can’t be divided without harming the owners?
Sale. Section 842.11(1) requires the referee to report that conclusion to the court and recommend sale.
Can the property be sold free of a life estate on it?
Yes, if the life estate has been valued and the life tenant and the owners being partitioned all file an agreement that the life tenant be paid that value from the sale proceeds. The referee then recommends sale clear of the life estate.
What happens if the life tenant won’t or can’t consent to being cashed out?
The referee recommends sale of the portion, if any, not subject to the life estate, or may recommend sale subject to the life estate instead.
Can the property be sold subject to a tenant’s lease or a lienholder’s lien rather than clearing those interests first?
Yes. Section 842.11(4) lets the referee recommend a sale subject to the interests of tenants and lienholders.
Who has to sign the agreement to pay a life tenant out of the sale proceeds?
The life tenant and the owners whose interests are being partitioned, in an agreement filed with the court and executed so as to be entitled to record.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.11; 1985 a. 29; 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: referee recommends sale in wisconsin partitionselling property subject to a life estate wisconsincashing out a life estate from sale proceedspartition sale prejudicial to owners wisconsin