The proceeds of every sale shall be brought into court by the sheriff with the sheriff’s report, and after deducting costs, shall be divided according to provisions of the judgment, or by order of the court among the parties in proportion to their respective rights.
842.22.Distribution of proceeds of sale.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.22 requires the sheriff to turn partition sale proceeds over to the court along with the sale report, and once costs are deducted, the remaining money is divided among the parties in proportion to their respective rights.
Full Text of Section 842.22
Plain-English Summary
Section 842.22 closes the loop on where the money from a partition sale goes. The proceeds of every sale are brought into court by the sheriff along with the sheriff’s report, so the funds and the record of the sale arrive together.
From there, the court deducts costs and divides what remains. The division follows the provisions of the judgment, or a court order, and it is made among the parties in proportion to their respective rights — the same proportional approach that runs through the rest of the chapter’s cost and distribution rules.
Frequently Asked Questions
Who holds the money from a partition sale before it is paid out?
The court. The sheriff brings the proceeds into court along with the sheriff’s report.
Are costs taken out before the parties get paid?
Yes. Section 842.22 requires costs to be deducted before the remaining proceeds are divided.
How is the remaining money split among the owners?
Among the parties in proportion to their respective rights, according to the provisions of the judgment or by order of the court.
Does the sheriff decide how the money gets divided?
No. Division follows the judgment’s provisions or a court order, not the sheriff’s own determination.
Is there a separate process for money tied to liens on a share?
Yes, addressed in the section immediately following this one, on distribution and cancellation of liens.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.22; 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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