When the amount of the liens upon any undivided shares has been ascertained, the court shall order a distribution of the money pertaining to such shares to be made among the lien creditors according to the priority thereof, respectively; and the clerk of the court shall procure satisfaction thereof to be acknowledged as required by law and cause such lien to be duly satisfied of record, and the expenses thereof shall be paid out of the money realized on the sale of the share which was subject to the lien.
842.23.Distribution; cancellation of liens.
Ch. 842: Partition of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 842.23 has the court, once it has figured out the amount of liens against an undivided share, order that share’s proceeds distributed to lien creditors by priority, with the clerk recording satisfaction of those liens out of the same proceeds.
Full Text of Section 842.23
Plain-English Summary
Some undivided shares in a partition case carry liens that need to be sorted out before the owner’s proceeds can be paid free and clear. Section 842.23 addresses that process: once the amount of the liens upon any undivided share has been ascertained, the court orders a distribution of the money pertaining to that share among the lien creditors, according to their priority.
The clerk of the court then follows through on the paperwork. The clerk procures satisfaction of the liens acknowledged as required by law and causes each lien to be duly satisfied of record, so the public record reflects that the debt has been paid. The expense of doing that is paid out of the money realized on the sale of the specific share that was subject to the lien, rather than out of the case’s general costs.
Frequently Asked Questions
What triggers distribution to lien creditors under this section?
The court ascertaining the amount of the liens upon a particular undivided share.
In what order do lien creditors get paid from that share’s proceeds?
According to the priority of their liens, respectively.
Who makes sure the liens are marked satisfied in the public record?
The clerk of the court, who procures satisfaction acknowledged as required by law and causes the lien to be duly satisfied of record.
Who pays for recording the satisfaction of the liens?
The expense is paid out of the money realized on the sale of the share that was subject to the lien.
Does this section also govern shares that carry no liens?
No. It addresses distribution tied to liened shares specifically; the section that follows addresses parties whose shares carry no existing lien.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.23.
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: cancelling liens after a partition sale wisconsinlien creditor priority in partition proceedsclerk satisfies a lien of record wisconsindistribution of a liened share partition sale