The court may require any party, before the party receives any share of the moneys arising from such sales, to give security to the satisfaction of such court to refund the party’s share, with interest thereon, in case it thereafter appears that such party was not entitled thereto.
842.27.Security to refund.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.27 lets the court require a party, before receiving a share of the sale proceeds, to post security promising to refund that share with interest if it later turns out the party was not entitled to it.
Full Text of Section 842.27
Plain-English Summary
Section 842.27 gives the court a tool to guard against paying out proceeds to someone who turns out not to be entitled to them. The court may require any party, before that party receives any share of the moneys from the sale, to give security to the court’s satisfaction, promising to refund the party’s share, with interest, if it later appears that the party was not entitled to it.
The requirement is discretionary rather than automatic — the section says the court may require it — and the sufficiency of whatever security is offered is judged against the court’s own satisfaction, giving the court control over both whether to impose the requirement and whether the security offered is adequate.
Frequently Asked Questions
Can the court make me post security before I receive my share of the sale proceeds?
Yes, the court may require it under section 842.27.
What would I have to promise if the court required security?
To refund the party’s share, with interest, if it later appears the party was not entitled to it.
Is posting security required in every partition case?
No. The court may require it, which makes it discretionary rather than mandatory in every case.
Who judges whether the security offered is sufficient?
The court. The section calls for security to the satisfaction of the court.
Does the section specify exactly when a court would use this power?
No. It applies generally in case it later appears a party was not entitled to the share received, without spelling out particular triggering circumstances.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.27; 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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