842.25.Share of individual adjudicated incompetent.
Ch. 842: Partition of Interest in Real Property · Last amended 2005 · Last verified July 15, 2026
Full Text of Section 842.25
Plain-English Summary
When one of the owners in a partition case is a ward, section 842.25 sets who receives that person’s share of the proceeds. The share of any ward is paid to the guardian of the estate of the ward, rather than to the ward directly, keeping the money under the same estate management already in place for the ward’s other affairs.
That rule gives way in two specific situations carved out by the section: payment under section 54.12(1) or section 880.04(2), 2003 stats. Outside of those exceptions, the guardian of the estate is the one who receives the ward’s share.
Frequently Asked Questions
Who receives a ward’s share of partition proceeds?
The guardian of the estate of the ward, under section 842.25.
Are there exceptions to that rule?
Yes, two: payment under section 54.12(1) or section 880.04(2), 2003 stats.
What does “ward” mean in this section?
A person whose estate is under guardianship, whose share of the partition proceeds this section routes to that guardian.
Does the ward ever receive the money directly?
As this section is written, payment goes to the guardian of the estate rather than directly to the ward, apart from the two statutory exceptions it names.
Why does the section point to a 2003 version of another statute?
The history shows this cross-reference was carried forward even as the referenced provision was later renumbered or reorganized, so it points to section 880.04(2) as it existed in the 2003 statutes.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.25; 1993 a. 486; 2005 a. 387.