A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
The Wisconsin Complaint for Partition of Real Property is a legal document filed in the state of Wisconsin to initiate a partition action. A partition action is a legal process used to divide or sell jointly owned real property when co-owners cannot agree on how to divide the property. This complaint is typically filed by one co-owner, also known as the plaintiff or petitioner, who seeks to enforce their right to divide or sell the property. The complaint outlines the details of the jointly owned property, the names of the co-owners, and the plaintiff's reasons for seeking partition. Keywords: Wisconsin, Complaint for Partition of Real Property, legal document, partition action, jointly owned real property, co-owners, divide, sell, plaintiff, petitioner Types of Wisconsin Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners cannot agree on how to divide the property and request the court to order a sale of the property. The proceeds of the sale will be distributed among the co-owners according to their respective share of ownership. 2. Complaint for Partition in Kind: This type of complaint is filed when the co-owners prefer to divide the property physically rather than selling it. The court may order a division of the property into separate portions, ensuring each co-owner receives an equitable portion of the property based on their share of ownership. 3. Complaint for Partition by Appraisal: In some cases, the co-owners may agree to sell the property but cannot agree on its fair market value. In this scenario, a complaint for partition by appraisal can be filed, requesting the court to appoint an appraiser to determine the value of the property and facilitate an equitable sale. 4. Complaint for Partition of Leasehold Interest: While less common, this type of complaint is filed for properties with leasehold interests, where co-owners who possess leasehold rights seek to partition the leasehold interest. 5. Complaint for Partition of Commercial Real Estate: This type of complaint is specific to commercial real estate properties, where co-owners may have differing opinions on how to best utilize the property for business purposes. The complaint seeks to enforce the right to divide or sell the property to resolve disputes among the co-owners effectively. Overall, the Wisconsin Complaint for Partition of Real Property is a crucial legal document for co-owners to seek resolution when they cannot agree on dividing or selling jointly owned real estate. It facilitates a fair and lawful process to ensure the rights and interests of all co-owners are protected and properly addressed.The Wisconsin Complaint for Partition of Real Property is a legal document filed in the state of Wisconsin to initiate a partition action. A partition action is a legal process used to divide or sell jointly owned real property when co-owners cannot agree on how to divide the property. This complaint is typically filed by one co-owner, also known as the plaintiff or petitioner, who seeks to enforce their right to divide or sell the property. The complaint outlines the details of the jointly owned property, the names of the co-owners, and the plaintiff's reasons for seeking partition. Keywords: Wisconsin, Complaint for Partition of Real Property, legal document, partition action, jointly owned real property, co-owners, divide, sell, plaintiff, petitioner Types of Wisconsin Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners cannot agree on how to divide the property and request the court to order a sale of the property. The proceeds of the sale will be distributed among the co-owners according to their respective share of ownership. 2. Complaint for Partition in Kind: This type of complaint is filed when the co-owners prefer to divide the property physically rather than selling it. The court may order a division of the property into separate portions, ensuring each co-owner receives an equitable portion of the property based on their share of ownership. 3. Complaint for Partition by Appraisal: In some cases, the co-owners may agree to sell the property but cannot agree on its fair market value. In this scenario, a complaint for partition by appraisal can be filed, requesting the court to appoint an appraiser to determine the value of the property and facilitate an equitable sale. 4. Complaint for Partition of Leasehold Interest: While less common, this type of complaint is filed for properties with leasehold interests, where co-owners who possess leasehold rights seek to partition the leasehold interest. 5. Complaint for Partition of Commercial Real Estate: This type of complaint is specific to commercial real estate properties, where co-owners may have differing opinions on how to best utilize the property for business purposes. The complaint seeks to enforce the right to divide or sell the property to resolve disputes among the co-owners effectively. Overall, the Wisconsin Complaint for Partition of Real Property is a crucial legal document for co-owners to seek resolution when they cannot agree on dividing or selling jointly owned real estate. It facilitates a fair and lawful process to ensure the rights and interests of all co-owners are protected and properly addressed.
