Unless the court otherwise directs, the costs of every party to the action, with reasonable attorney fees to be allowed by the court upon notice served personally or by mail, on the parties who are known to be residents of this state, must be deducted from the proceeds of the sale and paid to the party’s attorney; but the court may direct the costs of any trial, reference or other proceeding in the action to be paid out of the share of any party in such proceeds or may render judgment against any party therefor.
842.21.Costs, how paid.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.21 has the court pay each party’s costs and reasonable attorney fees out of the sale proceeds after notice to known Wisconsin residents, unless it directs otherwise, and lets the court instead charge particular costs against a specific party’s share or enter judgment for them.
Full Text of Section 842.21
Plain-English Summary
After a partition sale brings money into court, section 842.21 tells the court how to handle the costs each party incurred. Unless the court otherwise directs, the costs of every party, along with reasonable attorney fees the court allows, are deducted from the proceeds of the sale and paid to each party’s attorney. Those fees are set only after notice served personally or by mail on the parties known to be residents of Wisconsin.
The court is not locked into that default arrangement. It may instead direct that the costs of a trial, reference, or other proceeding in the action be paid out of the share of any particular party in the proceeds, or it may render a judgment against that party for those costs, targeting the expense to the party responsible for it rather than spreading it across the whole distribution.
Frequently Asked Questions
Where do partition costs and attorney fees get paid from after a sale?
They are deducted from the proceeds of the sale and paid to each party’s attorney, unless the court otherwise directs.
Does everyone get notice before attorney fees are set?
The court allows fees upon notice served personally or by mail on the parties known to be residents of Wisconsin.
Can the court make one party alone bear the cost of a trial or reference?
Yes. Section 842.21 lets the court direct that such costs be paid out of that party’s share of the proceeds, or render judgment against the party for them.
Are attorney fees automatic, or does the court set the amount?
The court allows the fees; the section calls for reasonable attorney fees to be allowed by the court.
What if the court decides costs should not just be deducted from proceeds?
It can direct a different result, since the deduction rule applies unless the court otherwise directs.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.21; 1993 a. 486, 490.
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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