Also known as:partition actions · action for partition · partition suit
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding in which one or more co-owners of property compel division of their undivided interests. The court first considers whether the property can be physically divided into separate parcels of comparable value and utility. When physical division would be inequitable because of the land's characteristics or external legal constraints such as zoning or water-rights rules, the court may instead order a sale and divide the proceeds among the co-owners according to their respective interests.
Sources & Authorities
How it applies
Common Examples
2
Zoning Prevents Physical Split
Pearl Porter and Pavel Petrov own a lakeside tract as tenants in common. Shoreline regulations require every buildable lot to have at least 150 feet of frontage and road access, but the tract has only 260 feet of frontage and one narrow access strip. Pearl files a partition action seeking separate parcels. Because any physical division would leave at least one parcel noncompliant and unusable, the court orders a judicial sale and divides the proceeds in proportion to their ownership shares.
Nonmarital Cohabitants Seek Division
Patricia Patel and Paige Porter, never married, acquired a residence together and later ended their relationship. Patricia brings a partition action to end the co-ownership. The court recognizes that each holds an undivided interest and may compel division even without a formal marriage, ordering either physical partition or sale depending on whether an equitable in-kind split is feasible.
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
Restatements
Casebooks
Hornbooks
Study Supplements
Watts v. Watts137 Wis. 2d 506, 405 N.W.2d 303 (1987)
Common questions
Frequently Asked
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When may a court order partition by sale instead of partition in kind?+
A court may order partition by sale when a fair and equitable physical division cannot be made. Physical characteristics of the land and external legal constraints such as zoning or water-rights rules that render separate parcels unusable justify the sale remedy.
Supporting sources
Does a co-tenant need the consent of other owners to bring a partition action?+
No. Any co-tenant holding a present possessory fee interest may compel partition as a matter of right regardless of whether the other co-tenants consent.
Supporting sources
Does a use restriction in the deed prevent partition?+
No. A condition such as continued retail use does not strip co-owners of the right to partition. The court may still order partition in kind or by sale subject to the effect of the condition on the resulting estates.
Supporting sources
137 Wis. 2d 506, 405 N.W.2d 303 (1987)Property
…for that purpose.” Sec. 820.01 thus states on its face that anyone owning property "in common” with someone else can maintain an action for partition of personal property held by the parties. This section codifies a remedy long recognized at common law. See Laing v. Williams , 135 Wis. 253, 257, 115 N.W. 821, 128 Am. St. R. 1025 (1908)…