Legal Question in Real Estate Law in Wisconsin

Chapter 842 of the Wisconsin statutes are the statutory provisions relating to division of a tenancy in common through a "partition" action. The statutes provide a mechanism for dividing a property and for selling a property if it cannot be properly divided. There are provisions for appointment of a referree to advise the Court as to the proper way to proceed. So, in short, split of the property rather than sale of the entirety and split of the proceeds may or may not be ordered by the Court in a partition action depending upon the facts and circumstances of the case.

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