When a party whose interest has been sold is absent from the state, without legal representatives in this state and has not appeared in the action, or is unknown, or not named in the proceedings, the court shall direct that party’s share to be invested in securities, at interest, for the party’s benefit until claimed by the party or the party’s legal representatives.
842.26.Investment of share of absentee.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.26 has the court invest, in interest-bearing securities, the share of an absent, unrepresented, unknown, or unnamed party whose interest was sold, holding it for that party’s benefit until the party or a legal representative claims it.
Full Text of Section 842.26
Plain-English Summary
A partition sale can produce a share of proceeds for someone the case cannot immediately deliver them to. Section 842.26 addresses that situation: when a party whose interest has been sold is absent from the state without legal representatives here and has not appeared in the action, or is unknown, or was not named in the proceedings, the court directs that party’s share to be invested in securities, at interest, for the party’s benefit.
That arrangement is not permanent. The invested share is held until claimed by the party or by the party’s legal representatives, at which point the section’s protective function ends and the funds can be released.
Frequently Asked Questions
What happens to sale proceeds belonging to a party who can’t be found?
The court directs that party’s share to be invested in securities, at interest, for the party’s benefit.
Does this apply to owners who are entirely unknown, not just absent ones?
Yes. Section 842.26 covers a party who is absent from the state without legal representatives here, has not appeared, is unknown, or was not named in the proceedings.
How long does the invested money stay held?
Until claimed by the party or the party’s legal representatives.
Does the absent owner earn anything on the funds while they’re held?
Yes. The share is invested at interest, not merely set aside.
What if the absent party does have a legal representative in Wisconsin?
This section applies where the party has no legal representative in the state, among the other listed conditions; it is not aimed at a party who does have one here.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.26; 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: wisconsin absent owner partition proceeds investmentunknown owner partition sale money held wisconsininvesting an unclaimed partition sharesection 842.26 wisconsin absentee interest