Wis. Stat. » CHAPTER 842 — PARTITION OF INTEREST IN REAL PROPERTY
Wisconsin Statutes

Wis. Stat. § 842.07 (2026)

Findings and conclusions; referee

✓ current as of July 2026
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842.07842.07 Findings and conclusions; referee. On default and proof or after trial of issues, the court shall by findings of fact and conclusions of law determine the rights of the parties. If the basis for partition is clear, the court may enter judgment partitioning the interests. If the basis for partition is not clear, the court shall appoint a referee to report either a basis for partition, or the conclusion that partition is prejudicial to the parties.
842.07 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.07.
842.07 AnnotationThe homestead exemption may arise in a partition action. Reckner v. Reckner, 105 Wis. 2d 425, 314 N.W.2d 159 (Ct. App. 1981).
842.07 AnnotationIf the court’s findings and conclusions indicate as a matter of law that any partition would be prejudicial, the court need not appoint a referee and may order a sale under s. 842.17 (1). LaRene v. LaRene, 133 Wis. 2d 115, 394 N.W.2d 742 (Ct. App. 1986).
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1981–2026 · leading case: Boltz v. Boltz, 395 N.W.2d 605 (Wis. Ct. App. 1986).
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Boltz v. Boltz, 395 N.W.2d 605 (Wis. Ct. App. 1986). · cites it 7× “Therefore, based upon its finding that a substantial economic loss would result from partition, the trial court was empowered to order a judicial sale rather than partition of the property under sec.”
Associated Bank, N.A. v. Brogli, 917 N.W.2d 37 (Wis. Ct. App. 2018). · cites it 2× “" In a footnote, Arline cites Wis. Stat. § 842.07 , which applies to partition actions: "On default and proof or after trial of issues, the court shall by findings of fact and conclusions of law determine the rights of the parties.”
Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). · cites it 2× “Section 842.07, Stats. If the basis is unclear, the court may, by means of a procedure appointing a referee, conclude that the property must be sold.”
LaRene v. LaRene, 394 N.W.2d 742 (Wis. Ct. App. 1986). “Paul moved the court to appoint a referee under sec. 842.07, Stats., to determine the basis for partition or to determine if a partition would be prejudicial to the parties.”
Robert E. Lee v. Dianne E. Kallas (Wis. Ct. App. 2023). · cites it 3× “§ 842.07 (2021-22)1 before ordering that the property be put up for auction; and (3) by allowing the auction to proceed without public notice.”
Mary Lu Coonen v. Ramiro Estrada (Wis. Ct. App. 2026). “Nevertheless, the court also found that “it is clear that [the parties] can no longer live together” and that “physical partition” of the Property, which is a single-family home, “is not possible.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.