The judgment shall adjudge that each of the parties, other than the plaintiff, pay a proportion of the costs of the proceedings, to be ascertained by the court; and the proportion of such costs adjudged to be paid by the unknown owners shall be adjudged to be a charge upon the part remaining undivided. Execution may issue for such costs as in other cases and may be levied upon the property of the parties respectively charged therewith, and a sale of the premises allotted to such unknown owner, upon such execution, shall be as valid as if the unknown owner had been named in the proceedings and in such execution. If the complaint is dismissed or the action discontinued, the plaintiff shall be adjudged to pay costs as in other cases. The plaintiff shall also pay the costs when the defendant does not appear, unless the complaint asks partition or sale of all the lands owned by the parties of which partition may be had or unless the defendant is personally served in the action.
842.16.Costs and charges.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.16 allocates the costs of a partition case among the parties other than the plaintiff, charges unknown owners’ costs against their undivided interest, and shifts the costs back to the plaintiff if the case is dismissed or discontinued, or if a non-appearing defendant was not personally served and the case does not cover all the parties’ commonly owned land.
Full Text of Section 842.16
Plain-English Summary
Section 842.16 sets the default rule for who pays as a partition case winds down. The judgment adjudges that each party other than the plaintiff pay a proportion of the costs of the proceedings, with the court ascertaining that proportion. Where an owner is unknown, the proportion charged to that owner is adjudged a charge on the part of the property remaining undivided.
Costs owed under this section are not merely theoretical. Execution may issue for them as in other cases and may be levied on the property of the parties charged, and a sale of the premises allotted to an unknown owner, made on such execution, is as valid as if that owner had been named in the proceedings and in the execution itself.
The section then reverses the usual allocation in a few situations. If the complaint is dismissed or the action discontinued, the plaintiff pays costs as in other cases. The plaintiff also pays costs when a defendant does not appear, unless the complaint seeks partition or sale of all the land the parties own together, or the defendant was personally served in the action.
Frequently Asked Questions
Who normally pays the costs of a partition proceeding?
Each party other than the plaintiff pays a proportion of the costs, with the court ascertaining that proportion.
What happens to the cost share attributed to an owner whose identity is unknown?
It is adjudged a charge on the part of the property remaining undivided, and can be collected by execution and even a sale of that owner’s later-allotted premises.
Do I have to pay costs if I file a partition case and then dismiss it?
Yes. Section 842.16 requires the plaintiff to pay costs as in other cases when the complaint is dismissed or the action is discontinued.
Do I have to pay costs if a defendant does not respond to my partition complaint?
Generally yes — the plaintiff pays costs when the defendant does not appear, unless the complaint asks for partition or sale of all the land the parties own together, or the defendant was personally served.
Can execution be used to collect a partition cost judgment?
Yes. Execution may issue for such costs as in other cases and be levied on the property of the parties charged with them.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.16; 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: who pays costs in a wisconsin partition actionunknown owner costs partition wisconsindismissing a partition case costsexecution for partition costs wisconsin