842.15.Judicial conveyance.
Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 842.15
Plain-English Summary
A partition decree can require a party to convey their interest to make the division work, but not every party cooperates. Section 842.15 addresses that refusal directly: if partition is decreed and a party or parties refuse to convey to effect the partition, the court’s judgment itself serves as the conveyance of the interests described in it.
That makes the judgment self-executing on this point. Nobody has to go back to court to compel a signature or pursue a separate remedy for the refusal; the judgment already carries the legal effect of the conveyance that was supposed to happen.
Frequently Asked Questions
What if a cotenant refuses to sign a deed needed to complete the partition?
Under section 842.15, the court’s judgment itself serves as the conveyance of the interests described in it, so the refusal does not block the partition.
Do I need the refusing party’s signature for the partition to take legal effect?
No. The judgment substitutes for the conveyance when a party refuses to convey to effect the partition.
What exactly does the judgment convey in that situation?
The interests described in the judgment.
Does this section apply only after the court has already decreed partition?
Yes. It applies where partition is decreed and a party then refuses to convey to effect it.
Is a separate deed still needed, or does the judgment alone accomplish the conveyance?
Section 842.15 says the judgment shall serve as the conveyance, without requiring a separate deed from the refusing party.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.15.